The Supreme Court on Friday has said the general category vacancies in public employment is open to all including aspirants belonging to reserved categories like other backward classes (OBCs) and Scheduled Castes (SCs) and Scheduled Tribes (STs).( SAURAV YADAV vs. STATE OF UTTAR PRADESH)
A bench comprising justices U U Lalit, Ravindra Bhat and Hrishikesh Roy said that disallowing meritorious candidates of reserved categories to migrate and get selected under general category would amount to "communal reservation".
The judgement came on petitions including the one filed by two candidates, belonging from OBC-female and SC-female categories respectively who had taken part in the exam in 2013 meant for selection of constables in Uttar Pradesh.
It was alleged by one Sonam Tomar, a candidate from the OBC-female category, that she secured more marks then the general category woman who got the employment.
The court, in its judgement, said, All candidates coming from 'OBC Female Category' who had secured more marks than 274.8928, i.e. the marks secured by the last candidate appointed in 'General Category Female' must be offered employment as Constables in Uttar Pradesh Police.
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It said the logical consequence would have been to annul the selection and direct authorities to do the exercise de novo (afresh) in the light of conclusions arrived at.
However, considering the facts that those selected candidates have actually undergone training and are presently in employment and that there is an adequate number of vacancies available, we mold the relief, the bench said.
Justice Bhat in a separate concurring judgment stated that the open category is open to all and the only condition for a candidate to be eligible for a seat in the open category is merit.
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He stated that it is too late in the day for Uttar Pradesh to contend that women candidates who are entitled to benefit of social category reservations, cannot fill open category vacancies.
"The said view is starkly exposed as misconceived because it would result in such women candidates with less merit (in the open category) being selected, and those with more merit than such selected candidates, (in the social/vertical reservation category) being left out of selection," said Justice Bhat in his judgment.
He held that reservations, both vertical and horizontal, are methods of ensuring representation in public services and "these are not to be seen as rigid “slots”, where a candidate’s merit, which otherwise entitles her to be shown in the open general category, is foreclosed.
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"Doing so, would result in a communal reservation, where each social category is confined within the extent of their reservation, thus negating merit. The open category is open to all, and the only condition for a candidate to be shown in it is merit, regardless of whether reservation benefit of either type is available to her or him," the Court said.
It directed the state government to issue letters to all those OBC female category candidates who secured more marks than selected general category female candidates.
Appropriate letters in that behalf shall be sent to the concerned candidates within four weeks, it said, adding, If the concerned candidates exercise their option and accept the offer of employment, communications in that behalf shall be sent by the concerned candidates within two weeks.
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The Scheduled Caste candidate could not get the same relief she did not get equal or more marks then the selected general category female candidates.
In 2013, the selection process was undertaken to fill up 41,610 posts of Police Constables.
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