Supreme Court 👍 confirm that SC.ST.OBC.EWS who secure Higher Marks to be treated as a General Category ,merrit category.
SC/ST/OBC Candidates Eligible For 'General' Seats In Govt Jobs If They Clear Cut-Off, Rules SC
The Supreme Court clarified that mere availability of reservation cannot prevent a deserving SC/ST/OBC candidate from being selected for an unreserved seat purely on merit
Candidates from the Schedule Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC) and Economically Weaker Sections (EWS) who score above the General category cut-off are eligible for General category seats in government jobs, the Supreme Court has ruled.
This decision has far-reaching consequences; it constitutes a major win for meritorious candidates from reserved categories and also redefines the meaning of General category seats.
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The Supreme Court gave the verdict while adjudicating a case pertaining to a recruitment process conducted by the Rajasthan High Court, which had framed a rule stating that reserved category candidates would not be appointed to General category seats even if they scored higher than the General cut-off.
The High Court had argued that allowing SC/ST/OBC/EWS candidates to occupy General seats would amount to giving them “double benefit" — one through reservation and another through selection in the General category. The Supreme Court rejected this argument and a bench comprising Justice Dipankar Datta and Justice Augustine G. Masih dismissed the Rajasthan High Court’s petition, emphasising that merit must be given due weight.
The Supreme Court also referred to the landmark Indra Sawhney judgment of 1992. “We believe that the word ‘open’ simply means open. Seats under the open category are not reserved for any particular caste or group. They are for everyone," Justice Datta observed.
The court clarified that the mere availability of reservation cannot prevent a deserving candidate from SC, ST, OBC or EWS categories from being selected for an unreserved seat purely on merit.
The Supreme Court also laid down clear guidelines on how this rule should be applied in the recruitment process:
For written examination, if a reserved category candidate scores above the General category cut-off, they will be treated as a General category candidate in the interview stage.
When it comes to the final merit list, if the candidate’s overall score falls below the General category cut-off, they will be counted under their original reserved category and will remain eligible for the benefits of reservation.
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