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Can an Employee be Regularised against a Reserved Post when he Belongs to General Category?

Merit-based Appointment & Reservation - Candidates from reserved categories who secure higher marks than the last general candidate may be treated as general category candidates if they have been selected on merit in open competition. However, this does not automatically entitle them to be regularized against a reserved post; their appointment is generally against open merit seats. The principle emphasizes that reserved posts are meant for candidates belonging to specific categories unless they are selected on merit for open category seats. Vadodara Municipal Corporation VS Narendra Ridha Ram Junawa - Gujarat
Migration Between Categories - It is permissible for candidates from reserved categories to be appointed against general category seats based on merit. Conversely, once appointed against a general seat, they cannot be shifted back to reserved quotas. Migration from reserved to general categories is allowed, but reverse migration is impermissible, maintaining the integrity of reservation policies. Narinder Kumar vs State of J & K through Commissioner Secretary, Revenue Department, J & K Govt., Civil Sectt., Srinagar - Central Administrative Tribunal, Jasveer S/o Jagdish VS State of Rajasthan - Rajasthan
Regularisation & Reservation Post - Regularisation of services or appointments on reserved posts depends on the category declared at the time of appointment. If an employee appointed on a reserved category post dies or is absent without submitting valid caste certificates, their post does not convert into an open category post automatically. The appointment order must specify reservation status; mere occupation of a reserved post does not guarantee regularisation against a general post. Om S/o. Bhagwanrao Anjanwad VS State of Maharashtra - Bombay, R.Gunanithi vs The Government of Tamil Nadu - Madras, SHITAL GOVINDRAO BAINWAD vs THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS - Bombay
Promotion & Reservation Benefits - Benefits such as higher pay scales or promotion on reserved posts are generally subject to eligibility, seniority, and reservation rules. Promotions based on merit from reserved category candidates do not automatically confer entitlement to reservation benefits unless explicitly provided. In some cases, reservation benefits are not applicable to placements or ad hoc promotions. Yoga Singh vs State of HP and Ors - Himachal Pradesh, V.Artchounane vs Union of India - Central Administrative Tribunal, Jasveer S/o Jagdish VS State of Rajasthan - Rajasthan
Legal & Policy Principles - The law generally prohibits reassigning reserved category employees to open category posts unless they were initially appointed on merit. Appointment against reserved posts is strictly for candidates belonging to the respective reserved categories, and once appointed, they cannot be regularised against general posts unless they have qualified for open competition. V.Artchounane vs Union of India - Central Administrative Tribunal, Jasveer S/o Jagdish VS State of Rajasthan - Rajasthan

Analysis and Conclusion

An employee belonging to a general category can be regularised against a reserved post only if they were initially appointed on merit and the post was not explicitly reserved for a specific category. If they were appointed on a reserved post, they generally cannot be shifted or regularised against a general post unless the appointment was on open merit.
Conversely, candidates from reserved categories who are selected on merit in open competition can be treated as general category candidates for appointment purposes, but this does not automatically convert their reserved post into an open category post.
The key determinant is the category declared at the time of appointment and the applicable reservation rules. The principle of non-reversion prohibits shifting employees from general to reserved quotas once appointed on a general seat, emphasizing the sanctity of reservation policies.

References:- Vadodara Municipal Corporation VS Narendra Ridha Ram Junawa - Gujarat- Jasveer S/o Jagdish VS State of Rajasthan - Rajasthan- R.Gunanithi vs The Government of Tamil Nadu - Madras- Om S/o. Bhagwanrao Anjanwad VS State of Maharashtra - Bombay- OM BHAGWANRAO ANJANWAD vs THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER - Bombay- SHITAL GOVINDRAO BAINWAD vs THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS - Bombay- V.Artchounane vs Union of India - Central Administrative Tribunal- Yoga Singh vs State of HP and Ors - Himachal Pradesh

Can General Category Employees Be Regularized on Reserved Posts?

In the complex landscape of Indian employment law, reservation policies play a pivotal role in ensuring social justice while upholding meritocracy. A common question arises: Can an Employee be Regularised against a Reserved Post when he Belongs to General Category? This issue often surfaces in government jobs, public sector undertakings, and promotions where quotas for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) are mandated. Understanding this requires delving into constitutional principles, Supreme Court precedents, and administrative guidelines.

This article breaks down the legal framework, key findings from judicial rulings, and practical implications. While we draw from established case law, note that this is general information—not personalized legal advice. Consult a qualified lawyer for specific cases.

Legal Framework Governing Reservations and Regularization

India's reservation system, enshrined in Articles 15, 16, and 335 of the Constitution, balances equality of opportunity with affirmative action. Appointments and regularizations must adhere to merit-based selection, especially in direct recruitment.

Merit-Based Selection Principles

Appointments through direct recruitment follow a strict merit order, irrespective of category. As per legal precedents:- Reserved category candidates excelling to enter the general merit list are appointed from the general pool, leaving reserved posts for others from their category. Nagaraj VS Commissioner Department Of Excise Government Of Karnataka, Bengaluru - Karnataka- There is no reservation for general category posts; all candidates compete on merit. Reserved candidates qualifying on merit claim open seats without impacting quotas. Dolly Kumari VS State of Bihar - Patna Neelam VS State Of Himachal Pradesh & Ors. - Himachal Pradesh

Candidates from reserved categories in the general merit list cannot claim appointment against reserved posts, preserving quota integrity. Jitendra Singh Rawat VS State of Raj. - Rajasthan

No Automatic Conversion of Posts

Posts reserved for specific categories remain so, even if occupied temporarily. For instance, a reserved category post occupied by a deceased employee does not convert to an open category post. OM BHAGWANRAO ANJANWAD vs THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER - Bombay The snippet notes: category post occupied by the deceased employee would not be converted into an open category post after the category post.

Similarly, regularization depends on the category at appointment. General category employees lack rights to reserved posts. Chittaranjan Chaturvedi VS State Of Bihar - Jharkhand

Key Findings: Restrictions on General Category Regularization

Prohibition for General Category Employees

A core principle is that general category employees cannot be regularized against reserved posts (e.g., SC, ST, OBC). These are exclusively for eligible reserved category candidates. Chittaranjan Chaturvedi VS State Of Bihar - Jharkhand General candidates compete for open posts on merit but have no claim on quotas. DEEPA E. V. VS UNION OF INDIA - Supreme Court SATENDRA SINGH VS STATE OF U. P. - Allahabad

The Supreme Court has upheld: Reserved candidates qualifying for general posts are appointed therefrom, not counted against reserves. Dolly Kumari VS State of Bihar - Patna Jitendra Singh Rawat VS State of Raj. - Rajasthan

Insights from Additional Rulings

In promotion contexts, reserved category benefits apply only if declared and verified. A general category candidate has no right of consideration against a reserve category post. Jitendra VS State of M. P. - 2016 Supreme(MP) 428 - 2016 0 Supreme(MP) 428 It states: In my view, the test should be that if reserve category employee is treated as general category candidate and he fulfils all eligibility, qualification, requirement, etc., he cannot be denied appointment against a general category post merely because he is a reserve category candidate.
Backward class members appointed on general seats do not deplete reserved quotas. They can only be considered for general posts. Khaleel Ahmed K. R. VS State of Karnataka - 2016 Supreme(Kar) 263 - 2016 0 Supreme(Kar) 263 Quote: He can be considered for appointment only against General category post and the quota of the particular reserved category cannot be reduced by treating his appointment as one made against the post earmarked for the reserved category...
Migration is one-way: Reserved candidates can move to general on merit, but not vice versa. Reverse migration is impermissible. Narinder Kumar vs State of J & K through Commissioner Secretary, Revenue Department, J & K Govt., Civil Sectt., Srinagar - Central Administrative Tribunal Jasveer S/o Jagdish VS State of Rajasthan - Rajasthan

Regularization Specifics

Regularization hinges on initial appointment category. If a post was reserved, it stays reserved unless policy allows. No automatic shift for general employees. Om S/o. Bhagwanrao Anjanwad VS State of Maharashtra - Bombay R.Gunanithi vs The Government of Tamil Nadu - Madras SHITAL GOVINDRAO BAINWAD vs THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS - Bombay

Merit in Open Competition: Reserved candidates treated as general if selected on merit do not get reserved post regularization. Vadodara Municipal Corporation VS Narendra Ridha Ram Junawa - Gujarat

Promotion and Seniority Considerations

Promotions follow seniority and eligibility, with reservations where applicable. However:- Reserved category promotions do not confer general quota rights. Balvinder Kundal vs The State of J&K - 2025 Supreme(Online)(CAT) 5771 - 2025 Supreme(Online)(CAT) 5771- In lists, reserved candidates with higher marks fill general posts first. Rameshwar Sah, Son of Late Kanu Sah VS State of Bihar through the Commissioner cum Secretary, Human Resources Development Department, Government of Bihar - 2017 Supreme(Pat) 157 - 2017 0 Supreme(Pat) 157 Quote: The result is that persons belonging to the Reserved Category, if otherwise having more marks, shall be appointed on an unreserved/general category post...

Ad hoc or temporary appointments do not guarantee regularization against reserved posts for general candidates. Policies like Punjab's post-Ajit Singh Janjua enforce this. Nirmal Singh VS State of Punjab - 2014 Supreme(P&H) 12 - 2014 0 Supreme(P&H) 12

Practical Implications and Recommendations

For Employees

General Category: Apply for regularization only against open posts. Monitor merit lists and avoid claiming reserved quotas.
Reserved Category: Leverage merit for open seats but protect quota rights.

For Employers/Departments

Verify category certificates rigorously.
Adhere to roster systems; do not convert reserved posts.
Update seniority per Supreme Court guidelines.

Key Takeaways:- General employees typically cannot be regularized on reserved posts. Chittaranjan Chaturvedi VS State Of Bihar - Jharkhand- Merit trumps category for open competition. Nagaraj VS Commissioner Department Of Excise Government Of Karnataka, Bengaluru - Karnataka- One-way migration preserves quotas. Jasveer S/o Jagdish VS State of Rajasthan - Rajasthan- Posts retain reservation status post-vacancy. OM BHAGWANRAO ANJANWAD vs THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER - Bombay

Conclusion

In summary, an employee from the general category cannot generally be regularized against a reserved post. Reserved positions are sacrosanct for their intended beneficiaries, ensuring the reservation system's efficacy. Supreme Court rulings emphasize merit for open posts and category-specific filling for quotas, preventing dilution. Dolly Kumari VS State of Bihar - Patna Jitendra Singh Rawat VS State of Raj. - Rajasthan

Stay informed on evolving policies, as governments may review quotas based on representation. Khaleel Ahmed K. R. VS State of Karnataka - 2016 Supreme(Kar) 263 - 2016 0 Supreme(Kar) 263 For instance, substantial backward class appointments on general seats could prompt reviews.

Disclaimer: This analysis is based on general legal principles and cited precedents. Employment laws vary by state/service rules. Seek professional advice for your situation.

References:- Nagaraj VS Commissioner Department Of Excise Government Of Karnataka, Bengaluru - Karnataka Dolly Kumari VS State of Bihar - Patna Neelam VS State Of Himachal Pradesh & Ors. - Himachal Pradesh Jitendra Singh Rawat VS State of Raj. - Rajasthan Chittaranjan Chaturvedi VS State Of Bihar - Jharkhand DEEPA E. V. VS UNION OF INDIA - Supreme Court SATENDRA SINGH VS STATE OF U. P. - Allahabad- OM BHAGWANRAO ANJANWAD vs THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER - Bombay Balvinder Kundal vs The State of J&K - 2025 Supreme(Online)(CAT) 5771 - 2025 Supreme(Online)(CAT) 5771 Rameshwar Sah, Son of Late Kanu Sah VS State of Bihar through the Commissioner cum Secretary, Human Resources Development Department, Government of Bihar - 2017 Supreme(Pat) 157 - 2017 0 Supreme(Pat) 157 Jitendra VS State of M. P. - 2016 Supreme(MP) 428 - 2016 0 Supreme(MP) 428 Khaleel Ahmed K. R. VS State of Karnataka - 2016 Supreme(Kar) 263 - 2016 0 Supreme(Kar) 263 Nirmal Singh VS State of Punjab - 2014 Supreme(P&H) 12 - 2014 0 Supreme(P&H) 12- Vadodara Municipal Corporation VS Narendra Ridha Ram Junawa - Gujarat Narinder Kumar vs State of J & K through Commissioner Secretary, Revenue Department, J & K Govt., Civil Sectt., Srinagar - Central Administrative Tribunal Jasveer S/o Jagdish VS State of Rajasthan - Rajasthan Om S/o. Bhagwanrao Anjanwad VS State of Maharashtra - Bombay R.Gunanithi vs The Government of Tamil Nadu - Madras SHITAL GOVINDRAO BAINWAD vs THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS - Bombay

#ReservationPolicy #EmployeeRights #LegalInsights

Jasveer S/o Jagdish VS State of Rajasthan - 2024 Supreme(Raj) 1456

to be considered only against his/her reserved post. ... The petitioner applied for the post of ‘Safai Karmchari’ in pursuance of the notification/advertisement dated 13.04.2018 under the general category. ... general/open category. ... After such relaxation, the reserved category candidates were selected as having obtained more marks....

R.Gunanithi vs The Government of Tamil Nadu - 2024 Supreme(Online)(Mad) 71963

The petitioner and the respondents belongs to category 5 and 6. Category 5 refers to Assistant Engineer and category 6 refers to Head Draughting Officer. From the manual, it is seen that for the post of Assistant Executive Engineer, two methods of recruitment are provided. ... As per the amendment issued to the special rules, the first four vacancies for the post of Assistant Engineer a....

Om S/o. Bhagwanrao Anjanwad VS State of Maharashtra - 2022 Supreme(Bom) 829

In the above backdrop, we are of the view that the reserved category post occupied by the deceased employee would not be converted into an open category post after the demise of the employee. ... to a backward category and the post was reserved for such a particular category.” ... The said #HL_START....

OM BHAGWANRAO ANJANWAD vs THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER

category post occupied by the deceased employee would not be converted into an open category post after the category post. ... If the deceased employee had declared his social status of belonging to a reserved category on the basis of which he earned secured employment on a post #HL_STAR....

SHITAL GOVINDRAO BAINWAD vs THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS - 2022 Supreme(Online)(Bom) 3412

In the above backdrop, we are of the view that the reserved category post occupied by the deceased employee would not be converted into an open category post after the demise of the employee. ... to a backward category and the post was reserved for such a particular category.” ... The said #HL_START....

V.Artchounane vs Union of India - 2025 Supreme(Online)(CAT) 3931

In the last DPC for the year 2020 for promotion to the post of Headmaster (Primary), the zone of consideration in the reserved category fell between seniority number 4877 to 5414 and in the General Category, from 3255 to 4870 who were promoted. ... The respondents submit that the applicant was appointed as Primary School Teacher on 17.10.2000 in the Government Primary School, Seliamedu, Puducherry with Se....

Yoga Singh vs State of HP and Ors - 2025 Supreme(Online)(HP) 8002

Reply-Affidavit further indicates that there is no Rule entitling a Reserved Category Candidate for higher grade in preference to General Category Candidates. ... In nutshell, tthe grievance of the petitioner is that the petitioner belongs to SC Category and based on the reservation roster and seniority of Scheduled Caste Candidates, the petitioner may be granted promotion and pay scale ....

Narinder Kumar vs State of J & K through Commissioner Secretary, Revenue Department, J & K Govt., Civil Sectt., Srinagar - 2025 Supreme(Online)(CAT) 10206

and HARSHIT Digitally signed appointed against the reserved SC post in Reasi. ... The principle was reiterated that migration from reserved to general category is permissible, but reverse migration from general to reserved category is impermissible in law. 12. ... One of the candidates, namely Pawan Kumar S/o Mohinder Paul of Kathua, who belo....

Balvinder Kundal vs The State of J&K - 2025 Supreme(Online)(CAT) 5771

He belongs to the reserved Scheduled Caste category and, as such, becomes entitled to benefit of reservation in the matter of his promotion. ... In their case, the general, seniority along with eligibility is the basis for the promotion whereas in the case of the Petitioner the basis of promotion up to the post of Executive Engineer is the eligibility and the availability of vacancy under the re....

Nagaraj VS Commissioner Department Of Excise Government Of Karnataka, Bengaluru - 2020 Supreme(Kar) 1681

Thus, in case where a candidate belongs to the reserved category, performs so well that he finds a place in the general merit category, he has to be placed in the general merit category and another candidate has to be chosen as against the post reserved for that particular category. It does not contemplate that the candidates belonging to the reserved category should be excluded from the order of merit.

Rameshwar Sah, Son of Late Kanu Sah VS State of Bihar through the Commissioner cum Secretary, Human Resources Development Department, Government of Bihar - 2017 Supreme(Pat) 157

8 are concerned, the foundational facts are quite different. In such cases, the particular Reserved Category candidate shall be appointed, but the moment the list moves down, in the General Category, the same has to be filled purely on merit. As far as the decisions relied upon by learned counsel for the respondent no. The result is that persons belonging to the Reserved Category, if otherwise having more marks, shall be appointed on an unreserved/general category post and such filli....

Jitendra VS State of M. P. - 2016 Supreme(MP) 428

The note-sheet prepared by the department is consonance with law. However, a general category candidate does not have any such right of consideration against a reserve category post. In my view, the test should be that if reserve category employee is treated as general category candidate and he fulfils all eligibility, qualification, requirement, etc., he cannot be denied appointment against a general category post merely because he is a reserve category candidate. The only r....

Khaleel Ahmed K. R. VS State of Karnataka - 2016 Supreme(Kar) 263

The fact that considerable number of members of backward class have been appointed/promoted against general seats in the State services may be a relevant factor for the State Government to review the question of continuing reservation for the said class. He can be considered for appointment only against General category post and the quota of the particular reserved category cannot be reduced by treating his appointment as one made against the post earmarked for the reserved category ....

Nirmal Singh VS State of Punjab - 2014 Supreme(P&H) 12

Counsel submits that the State of Punjab has issued Instructions dated 22.10.1999 (Annexure P-1) to implement the judgment of the Hon’ble Supreme Court in Ajit Singh Janjua’s case (supra) but the respondent-department in terms of issuing the impugned seniority list dated 26.03.2013 has acted in violation of the judgment as also the Instructions dated 22.10.1999. Mr. Rawat would contend that insofar as the facts of the present case are concerned, the post of Fishery Officer is to be taken as Le....