Merit-based Migration of Reserved Candidates - Candidates from reserved categories who outscore general candidates must be treated as open category candidates to uphold merit and constitutional principles, ensuring they are not confined to their reserved category despite their higher scores. This prevents unjust exclusion from selection lists. Rajasthan High Court VS Rajat Yadav - Supreme Court
Category Transition Restrictions - Migration from one reservation category to another is generally not permitted during recruitment processes; however, in ongoing recruitment, candidates benefiting from age relaxations or relaxed standards may be considered for general category positions if they meet the criteria, emphasizing adherence to reservation policies and constitutional mandates. Akshay Ashok Chaudhari VS Government of Maharashtra, through Principal Secretary - Bombay, Dipak Kumar Jagubhai Patel Son Of Jagubhai Narsinhbhai Rohit VS Union Of India - Bombay, AKSHAY ASHOK CHAUDHARI AND ORS vs GOVERNMENT OF MAHARASHTRA THR PRINCIPAL SECRETARY AND ORS - Bombay
Reservation and Merit in Special Cases - Reserved category candidates, including women and persons with disabilities, can be considered in unreserved categories if they demonstrate merit. For example, meritorious women from reserved categories can be eligible for unreserved posts, and persons with disabilities should be evaluated under the same standards as SC/ST candidates, with migrations permissible to select the best candidates. Mitra Chakraborty (Kanu) W/o Dulan Chakraborty vs State Of Assam - Gauhati, Reserve Bank of India VS A. K. Nair - Supreme Court
Legal Clarifications on Reservation Policies - Courts have clarified that relaxation standards in examinations do not entitle reserved category candidates to claim unreserved category positions if they do not meet the general merit criteria, and reservation policies must comply with constitutional provisions, with strict rules against shifting reservation categories mid-process. Union of India VS G. Kiran - Supreme Court, Rathod Anil VS Union of India - Delhi, MITRA CHAKRABORTY (KANU) vs THE STATE OF ASSAM AND 15 ORS. - Gauhati
Reservation in Union Territories and Specific Recruitment Rules - Candidates notified as reserved categories by the President for Union Territories are entitled to consideration as reserved candidates, and recruitment rules specify reservation percentages, emphasizing the importance of following prescribed procedures and constitutional guidelines. Dipak Kumar Jagubhai Patel Son Of Jagubhai Narsinhbhai Rohit VS Union Of India - Bombay, MITRA CHAKRABORTY (KANU) vs THE STATE OF ASSAM AND 15 ORS. - Gauhati
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.
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....
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....
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....
... ... 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....
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 ....
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. ....
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 ....
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....
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....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.