Rajasthan High Court Mandates Migration of Reserved Category Candidate to General Merit for Fair Appointment

Case Overview

The High Court of Judicature for Rajasthan at Jodhpur, in a significant ruling on December 3, 2025, addressed a writ petition filed under Article 226 of the Constitution of India by Kirti Chowdhary against the State of Rajasthan, the Rajasthan Public Service Commission (RPSC), and Shobha Rakhecha. The case centered on the recruitment for the post of Junior Hydro Geologist in the Ground Water Department, governed by the Rajasthan Ground Water Service Rules, 1969.

The petition sought directions to appoint Chowdhary under the OBC (Women) category by migrating the appointment of Deepti Kalal from OBC (Women) to the General (Women) category. Following an advertisement issued by RPSC on November 27, 2014, a select list was declared on January 18, 2018, recommending 13 candidates. Kalal, with 61 marks, was selected under OBC (Women) at serial no. 12, while Chowdhary, with 56 marks, was placed at serial no. 6 in the reserve list as the only OBC (Women) candidate there. Shobha Rakhecha secured 58 marks in the General (Women) category.

The core legal question was whether a reserved category candidate who secures higher marks than the general category cut-off, without availing substantive relaxations (only fee concession), must be migrated to the open merit category, thereby freeing the reserved post for the next eligible candidate.

Arguments Presented

Petitioner's counsel, Mr. Lokesh Mathur, argued that the merit list was vitiated because Kalal, despite higher marks (61) than Rakhecha (58) and no age or qualification relaxations, was incorrectly placed in OBC (Women). This violated Articles 14 (equality) and 16 (equality in public employment) of the Constitution. Reliance was placed on Supreme Court judgments: Deepa E.V. v. Union of India (2017) 12 SCC 680, which held that such candidates cannot be denied general category selection, and Bharat Sanchar Nigam Limited v. Sandeep Choudhary (2022) 22 SCC 779, emphasizing mandatory merit migration to uphold constitutional equality.

Respondents' counsel, including Mr. Mahesh Thanvi and others, countered that the list followed a July 26, 2017, government circular, considering Kalal's lower screening test marks for reserved placement. They claimed all posts were filled, with no vacancy for Chowdhary.

In rebuttal, the petitioner highlighted that the circular did not restrict migration based on screening tests and noted a February 9, 2018, court order protecting appointments pending the petition's outcome. Additionally, Kalal's March 2023 appointment as Assistant Professor (Geology) vacated the post.

Legal Precedents and Principles Applied

The court applied settled Supreme Court principles distinguishing between reserved and open merit categories. In Deepa E.V. , it was ruled that reserved candidates qualifying on general standards must be placed in open merit to prevent "carrying forward" reservations unduly. Bharat Sanchar Nigam Limited reiterated that migration is mandatory if marks exceed the general cut-off without substantive relaxations, as general category represents pure merit competition. The court rejected the respondents' circular reliance, stating executive instructions cannot override constitutional mandates or precedents. It emphasized: "The principle underlying these decisions is that the General category is a category of open merit and any candidate, irrespective of community, is entitled to compete therein."

Key excerpt: "The failure to do so vitiates the selection process insofar as it concerns the BC, WE category... administrative lapses cannot defeat constitutional equality."

The ruling distinguished this from mere fee concessions, which do not trigger reserved benefits, and clarified that screening test scores do not override final merit.

Court's Decision and Implications

Presided over by Hon'ble Mr. Justice Farjand Ali, the court allowed the writ petition, declaring Kalal's OBC (Women) placement illegal. It directed migration of Kalal to General (Women) category notionally, treating the resulting vacancy as available from the reserve list. Chowdhary, as the sole reserve candidate, was ordered appointed to Junior Hydro Geologist (OBC Women) within six weeks, with consequential benefits (no back wages) and seniority fixed relative to her immediate junior's appointment date.

This decision reinforces merit-based equity in reservations, preventing reserved seats from being occupied by candidates eligible for general slots. It impacts public recruitment processes in Rajasthan, ensuring compliance with Articles 14 and 16, and protects reserve list candidates' rights amid vacancies. The ruling, reserved on November 6, 2025, underscores that post-vacation by selected candidates creates consequential openings without prejudice to others, like Rakhecha.

No costs were awarded, and all pending applications were disposed of.