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Analysis and Conclusion:
Migration of PWD and reserved category candidates to the general category in direct recruitment is governed by constitutional principles emphasizing merit and equality. While candidates benefiting from relaxations or special provisions may be considered for unreserved positions in ongoing processes, strict rules prohibit arbitrary shifting between reservation categories. Courts have reinforced that reservation policies must be adhered to without mid-process alterations, and merit should be the primary criterion. Migrations are permissible only under specific circumstances, such as relaxed standards or ongoing recruitment, ensuring fairness and constitutional compliance.

Search Results for "Migration of Pwd Candidate to General Category Cases in Direct Recruitment"

Rajasthan High Court VS Rajat Yadav

2025 0 Supreme(SC) 2119 India - Supreme Court

DIPANKAR DATTA, AUGUSTINE GEORGE MASIH

reserved category candidates should not be confined to their category when outscoring general candidates, ensuring constitutional ... who score higher than General category candidates must be treated as Open category candidates, preserving merit and equality. ... the cut-off for General category but were excluded from selection lists. ... *** 38.3 (iii) Whether reserved #HL_STAR....

Union of India VS G.  Kiran

2026 0 Supreme(SC) 16 India - Supreme Court

J. K. MAHESHWARI, VIJAY BISHNOI

as general merits candidate addressed. ... ... ... (D) Court clarifies that relaxation in Preliminary Examination bars unreserved cadre claims from reserved category candidates ... (E) Finding highlighted that respondent with relaxed standards cannot claim allocation over unreserved candidate. ... No. 3 being General category candidate. ... The appellant before this Court was an OBC category candidate who claimed....

Mitra Chakraborty (Kanu) W/o Dulan Chakraborty vs State Of Assam

2025 0 Supreme(Gau) 1932 India - THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH

DEVASHIS BARUAH

in the Unreserved category, challenging the inclusion of another candidate. ... ’ merit must not be overlooked, allowing women from reserved categories to be eligible in the Unreserved category if meritorious. ... case: ... The petitioner contested the select list for Grade-IV positions arguing her rightful place as the highest-ranked woman candidate ... recruitment for Women candidates. ... Direct recruitment through Assam Public Service Commission....

Akshay Ashok Chaudhari VS Government of Maharashtra, through Principal Secretary

2023 0 Supreme(Bom) 1463 India - Bombay

NITIN JAMDAR, MANJUSHA DESHPANDE

... ... Ratio Decidendi: The court held that while rules of recruitment should not change mid-process, the expansion of the candidate ... altered, and candidates were not disadvantaged by the inclusion of SEBC candidates in the EWS category. ... to apply under EWS category - GR dated 23.12.2020 quashed as illegal - Reservation policies must adhere to constitutional provisions ... Migration from one reservation category to another is not allowed, but....

Dipak Kumar Jagubhai Patel Son Of Jagubhai Narsinhbhai Rohit VS Union Of India

2019 0 Supreme(Bom) 2231 India - Bombay

S.C.DHARMADHIKARI, R.I.CHAGLA

Caste or a Scheduled Tribe which is notified by the President for a Union Territory is entitled to be considered as a reserved candidate ... Caste or a Scheduled Tribe which is notified by the President for a Union Territory is entitled to be considered as a reserved candidate ... Even as per the office memorandum dated 26.12.2013, which pertains to the direct recruitment in group 'C' posts, the Scheduled Tribe candidates who were selected on their own merit without relaxed standards shall be appointed ....

Reserve Bank of India VS A. K.  Nair

2023 0 Supreme(SC) 631 India - Supreme Court

S. RAVINDRA BHAT, DIPANKAR DATTA

for persons with disabilities - Court reiterated that promotions should be considered under the same standards applied to SC/ST candidates ... persons with disabilities in promotions while addressing prior torpedoes of legal interpretations which misapplied sections of the PwD ... A candidate eligible for horizontal reservation is not confined to their vertical category. Migrations are permissible to allow the best candidates to emerge from this interlocking framework of reservations. ....

Rathod Anil VS Union of India

2023 0 Supreme(Del) 5516 India - Delhi

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA

Engineering graduate, appeared for the Engineering Services Examination (ESE), 2018 conducted by UPSC as an Orthopaedic Disabled (OH) candidate ... candidate of open category. ... The case of the general category candidates was that those reserved category candidates who have taken concession of relaxation of age in competition for post of Constable/SI of Police cannot be migrated to general category vacancies and ....

MITRA CHAKRABORTY (KANU) vs THE STATE OF ASSAM AND 15 ORS.

2025 Supreme(Online)(Gau) 6734 India - High Court of Gauhati

MR. JUSTICE DEVASHIS BARUAH

Direct recruitment through Assam Public Service Commission or Selection Committee/Board :- While filling up vacancies by direct recruitment on the basis of the recommendation of the APSC or the Selection Committee/Board as the case may be, the following procedure shall be followed: p class="sub_para ... The Schedule to the Rules of 2005 also stipulates the breakup of the percentage of 30% reservation in respect of appointment to the services and posts by Direct Recruitment for women #H....

MRINAL THAKUR vs STATE OF HP AND OTHERS

2023 Supreme(Online)(HP) 14572 India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

HON'BLE MR. JUSTICE RANJAN SHARMA

Handicapped candidate have not been further classified as belonging to Scheduled Castes, Scheduled Tribes and general category candidates.” ... Method of recruitment ; 100% by direct recruitment Whether by direct recruitment or by promotion/secondment /transfer and the percentage of post(s) (i) 50% by direct recruitment recruitment on a regular basis or by recruitment#H....

AKSHAY ASHOK CHAUDHARI  AND ORS vs GOVERNMENT OF MAHARASHTRA THR PRINCIPAL SECRETARY AND ORS

2023 Supreme(Online)(Bom) 26549 India - High Court of Bombay

Nitin Jamdar, SMT Manjushaajay Deshpande, JJ

Migration from one reservation category to another is not allowed, but the State allowed such options for candidates in ongoing recruitment processes. ... The issues that arose for consideration of the Supreme Court were: whether the reserved category candidates who had taken benefit of age relaxation in the selection in question and have obtained marks equal or more to the last general category candidate should be treated in the #H....

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