The Rajasthan High Court directed the Rajasthan Public Service Commission to grant appointment to the petitioner in the OBC (Women) category, holding that a reserved-category candidate securing marks higher than the general-category cut-off must be migrated to the general pool. The matter concerned appointment to the post of Junior Hydro Geologist, where the Court observed that failure to migrate such a candidate vitiates the allocation of reserved seats, particularly when no relaxation was availed.
The recruitment in question arose out of an advertisement for the post of Junior Hydro Geologist under the Rajasthan Ground Water Service Rules, 1969. After completion of the selection process, one candidate from the OBC (Women) category secured higher marks than the candidate appointed in the General (Women) category. The petitioner, also an OBC (Women) candidate, remained in the reserve list. It was argued that the said higher-merit OBC candidate should have been shifted to the General category, leaving the OBC (Women) slot available for the petitioner. During the pendency of proceedings, the selected candidate joined another government post, resulting in the vacancy continuing in the OBC (Women) category.
Counsel for the petitioner argued that the merit list stood vitiated as the OBC (Women) candidate securing higher marks than the General category candidate was appointed under the reserved quota, despite not availing relaxation apart from fee concession. Reliance was placed on Deepa E.V. v. Union of India and Bharat Sanchar Nigam Ltd. v. Sandeep Choudhary, asserting that merit migration to the General category becomes mandatory when a reserved-category candidate attains higher merit. It was further submitted that once the higher-scoring candidate vacated the post by accepting another appointment, the consequential vacancy ought to be allotted to the petitioner.
The respondents defended the selection process as compliant with state-issued guidelines, submitting that the higher-scoring OBC (Women) candidate had scored lower in the written examination cut-off for the General category and was thus rightly retained within her reservation bracket. They further stated that the recruitment was complete and no vacancy remained available for the petitioner’s appointment.
The Court held that the legal position is now settled beyond cavil that a reserved-category candidate who has not availed any relaxation “cannot be denied selection in the General category if their marks exceed the General category cut-off.” Referring to Deepa E.V. and BSNL v. Sandeep Choudhary, the Bench reiterated that merit migration to the General category is not discretionary but mandated by constitutional equality.
The Court noted that the government circular relied upon by the respondents did not contain any restriction against merit-based migration, and no executive instruction could override binding Apex Court precedent. It further clarified that the later appointment of the candidate to another post created a consequential vacancy in the OBC (Women) slot, to which the petitioner in the reserve list became entitled.
Allowing the writ petition, the Court declared the appointment of the higher-scoring candidate under OBC (Women) category illegal. The respondents were directed to treat the consequential vacancy as available for selection from the reserve list and appoint the petitioner to the post of Junior Hydro Geologist within six weeks. The Court also granted all consequential benefits except back wages, with seniority to be fixed from the date of appointment of her immediate junior.
Case Title: Kirti Chowdhary Vs. The State Of Rajasthan & Ors.
Case No.: S.B. Civil Writ Petition No. 2105/2018
Coram: Justice Farjand Ali
Advocate for Petitioner: Adv. Lokesh Mathur
Advocate for Respondent: Adv. Mahesh Thanvi, Pragya Thanvi, Kailash Jangid, L.K. Purohit
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