The Supreme Court recently pronounced that if a pupil belonging to a backward class scores marks set for the pupils belonging to the general category, then his/her admission should be done in the general category and not in the reserved category, in order to keep the seats of the reserved category vacant for the ones who score less marks and belong to reserved category.
Case of the Respondents
The respondents in this case, had applied for recruitment to the post of Post Graduate Assistants and Physical Education Directors, Grade-I. They submitted that while going through the provisional list of admission, they found that some candidates categorized under the Most Backward Class quota would have been selected without the implication of any sort of quota. These candidates were not considered under the general category but were appointed in the MBC/ Denotified Community quota.
They further stated that the candidates were suppose to be adjusted in the general categories seeing the number of vacancies and in order to keep ample vacancies open in the reserved category. Section 27(f) was also quoted stating that it is mention under it that if the seats are not filled up for a particular year, then instead of offering it to the general category, those vacancies can be taken forward for one year. And if they are not filled in the succeeding year, then it goes to the other categories.
Case of the Appellant
The State of Tamil Nadu contended that Section 27 has nothing to do with the merit base selection and that its implication is only for the reservation post that stage. Two lists for the” distinct groups” are required to be made for the reserved vacancies which are a backlog list and a current list. The students selected on the basis of merit have no concern with it whatsoever.
Observation of the Court
The Hon’ble Supreme Court observed that Section 27(f) states that if number of vacancies reserved under the reserved category is not filled up in the current year, then those vacancies can be treated as backlog vacancies. The Court was also of the opinion that, in a plethora of judgments it was held that reservation category candidates who have scored equivalent to that who belong to the general category are to be appointed/ admitted in the general category.
“In our view, Section 27(f) of the Act cannot be read in a manner, apart from any other reason, to negate this very principle. Section 27 deals with the reservation. It has nothing to do with the general candidates list/ General Turn vacancies. Such of the candidates who of the have made it on their own merit albeit, form reserved category; have not sought the benefit of the reservation. Thus, Section 27 of the Act would have nothing to do upto that point. Section 27 would apply only when the reservation principle begins, which is after filling the seats of the merit”, the Court observed.
Case Details
Before: Hon’ble Supreme Court
Case Title: State of Tamil Nadu vs. K Shobhana
Coram: Hon’ble Mr. Justice Sanjay Kishan Kaul
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