AI Overview...
- Migration of Reserved Category Candidates to General Category
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Candidates from reserved categories can migrate to the open/general category if they meet the minimum cut-off marks applicable to open vacancies, implying that securing such marks qualifies them for open merit placement. This migration is based on the principle that meritorious reserved candidates can be adjusted into the general category when they surpass the cut-off thresholds for open vacancies. Nikki VS State of Rajasthan - Rajasthan, Sunita Meena D/o Shri Jagdish Prasad Meena VS Rajasthan High Court, Jodhpur through its Registrar General - Rajasthan
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Impact of Migration on Merit and Reservation
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Migration allows reserved category candidates who score higher than the last selected general category candidate to be placed in the open merit list, ensuring merit-based selection. However, the process is governed by rules that prevent arbitrary changes, such as restrictions on migration after certain relaxations or concessions (e.g., age, fees). The circulars emphasize that reservation rules and minimum qualifying marks are integral to migration and cannot be altered post-admission. Madan Lal VS State of Rajasthan - Rajasthan, Union Of India VS Sajib Roy - Supreme Court, Rajesh Singh VS State of Rajasthan - Rajasthan
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Legal and Policy Framework
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The principle underlying migration is that reserved candidates who qualify on merit, i.e., meet the open category cut-offs, are eligible for migration into the general category. The amendments allowing category-wise reservations and migration are subject to constitutional validity, with courts examining whether such policies undermine merit or reservation rights. For instance, category-wise reservation for ex-servicemen and the permissible scope of migration are scrutinized under constitutional provisions. Shravan Singh S/o Shri Abhay Singh vs State Of Rajasthan - Rajasthan, ASHA KUMARII vs THE STATE OF RAJASTHAN - Rajasthan, Rajat Yadav, Son Of Shri Nihal Singh VS Rajasthan High Court, Jodhpur Through Registrar General - Rajasthan
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Constraints and Limitations
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Migration is limited by rules such as minimum qualifying marks, physical fitness, and reservation policies. Candidates who avail of relaxation or concessions (age, fees) are generally restricted from migrating into the open category if they do not meet the open merit criteria. Additionally, the process ensures that meritorious reserved candidates are not disadvantaged while maintaining reservation policies. Madan Lal VS State of Rajasthan - Rajasthan, Union Of India VS Sajib Roy - Supreme Court, Rajesh Singh VS State of Rajasthan - Rajasthan
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Conclusion
- Migration of PhD candidates from reserved to general categories hinges on merit, primarily the candidate’s marks meeting open category cut-offs. This process ensures merit-based placement while respecting reservation policies, with legal provisions and circulars guiding the permissible scope of migration. The principles aim to balance fairness, meritocracy, and affirmative action, with courts emphasizing that migration is valid only when candidates meet the minimum open category standards.
Search Results for "Migration of Ph Candidate to General Category Cases"
2019 0 Supreme(Raj) 888 • India - Rajasthan
S.RAVINDRA BHAT, VINIT KUMAR MATHUR
principle of migration, i.e. having obtained minimum cut off marks applicable to open or general category vacancies. ... open or general category vacancies. ... rule underlying principle of migration, i.e. having obtained minimum cut off marks applicable to open or general category vacancies ... securing a slot in the open merit category: implicit in those cases was the fact that the reserved category#HL_....
2023 0 Supreme(Raj) 715 • India - Rajasthan
MANINDRA MOHAN SHRIVASTAVA, PRAVEER BHATNAGAR
category or in Open/General category - Petitioners, if included in their respective reserve category on account of migration of more ... reserve category candidates, who had obtained marks more than General category candidates, have remained in their respective list ... meritorious reserve category candidates of their respective category to Open/Genera....
2012 0 Supreme(Raj) 1617 • India - Rajasthan
M.N.BHANDARI
of selection – Relaxation like required minimum marks and physical fitness stops migration of reserved category candidate to general ... category – Circular dated 24.06.2008 is important and rules of admission cannot be changed. ... 16(1), (4) and 355 – Concession in fee and age relaxation to the reserved category comes before the process ... the last selected general category candidate. ... A prayer is made to restrain mi....
2016 0 Supreme(Del) 3759 • India - Delhi
SANJIV KHANNA, SUNITA GUPTA
practice, would not bar the reserved category candidate from qualifying in the general category, for the reason that fee prescribed ... secured better marks and a higher position in merit than the last selected candidate of the general category. ... , for he has secured better marks and a higher position in merit than the last selected candidate of the general category. ... a general cat....
2014 0 Supreme(Raj) 88 • India - Rajasthan
AJAY RASTOGI, J.K.RANKA
vacancy of open/unreserved category or deserves to be migrated in select list of open/general category? ... Rajasthan Police Subordinate Service Rules, 1989 — Change of category — As to whether a candidate upon having availed of relaxation ... and finally got placement in selection list against vacancies of open/general category can be considered for being selected against ... being availed by member of reserve category candidate an....
• India - High Court of Rajasthan - Rajasthan High Court Principal Seat Jodhpur
implicit in those cases was the fact that the reserved category candidate ... candidate precluded her or him from securing as lot in the open merit category: question of migration despite the minimum prescribed underlying the principle of migration, i.e.
2025 7 Supreme 636 • India - Supreme Court
SURYA KANT, JOYMALYA BAGCHI
to general category seats – As respondents-writ petitioners had availed concession of age for participating in recruitment process ... unreserved category. ... availed relaxation in fees/upper age limit to participate in open competition with general candidates may be recruited against unreserved ... the last candidate in the general category.” ... against “Open/General Category” seat. ... ……From the above it becom....
2025 0 Supreme(Raj) 1736 • India - HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANINDRA MOHAN SHRIVASTAVA, MUNNURI LAXMAN, JJ.
The amendment allows category-wise reservation, which petitioners claim reduces their chances. ... Ex-Servicemen) Rules, 1988 - Constitutional validity of sub-rule (3) of Rule 2 challenged - Petitioners, ex-servicemen, contest category-wise ... ... ... Issues: The main issues were whether category-wise reservation for ex-servicemen is permissible and whether it undermines ... Yadav (supra), a candidate is necessarily required to be migrated to ex- servicemen general category. ... It ....
2020 7 Supreme 243 • India - Supreme Court
UDAY UMESH LALIT, S.RAVINDRA BHAT, HRISHIKESH ROY
the benefit of “migration”, i.e. adjustment in the general category vacancies. ... benefit of migration, i.e. adjustment in general category vacancies – Reservations, both vertical and horizontal, are method of ... more meritorious candidate coming from Open/General category may not get selected – But converse can never be true and will be opposed ... to OBC (Woman) category has obtained more marks than a #HL_START....
2022 0 Supreme(Raj) 649 • India - Rajasthan
MANINDRA MOHAN SHRIVASTAVA, SAMEER JAIN
of migration of reserved category candidate from his/her own category to general category to be placed in merit list would be applicable ... category by operating horizontal reservation for widow, applying rule of migration of reserved category candidate by virtue of merit ... into general category, petitioner was entitled to be placed in merit list of general (....
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