Justice M.R. Shah and Justice B. The bench of V. Nagarathna took note of various judgments of the Supreme Court, including the 1992 Indra Sawhney v. Union of India.
Supreme court (Supreme Court) The OBC on Thursday said there is a need to accommodate in the general category those candidates belonging to the Other Backward Classes (OBC) category who are more meritorious than the last candidates appointed to the general category. The Supreme Court said that in such circumstances reserved seats (Reserved Seats) For OBC (OBC) The candidates could not be considered for appointment. The top court said that consequently, after considering their appointments in the general category, the reserved seats are required to be filled from other remaining reserved category candidates on the basis of merit.
Justice M.R. Shah and Justice B. The bench of V. Nagarathna took note of various judgments of the Supreme Court, including the 1992 Indra Sawhney v. Union of India. Relying on the judgment, the bench accepted the submission of senior advocate Rajeev Dhavan, appearing for a reserved category candidate, that the reserved category candidates should be given more marks than the last candidate in the general category candidates list. should adjust under the quota. He said that such a candidate needs to be considered under the general category.
‘These students are more meritorious than the last candidate’
The bench observed that two candidates, Alok Kumar Yadav and Dinesh Kumar, who belong to OBC category, need to be adjusted in the general category as they are more meritorious than the last candidate in the list of candidates appointed to the general category and their appointments are Cannot be considered for seats under reserved category.
At the same time, recently the Supreme Court had dismissed the petition, which sought a direction to fill 595 vacant posts of Elementary Trained Teachers (ETT) of Scheduled Castes / Scheduled Tribes in Punjab from Other Backward Classes (OBC) candidates. demand was made. The court had said that it would be “totally unfair” to do so after six years of the release of the selection list.
Subsequently, a bench of Justice Indira Banerjee and Justice JK Maheshwari upheld the order of the Punjab and Haryana High Court directing the state government to convert the posts reserved for SC/ST candidates to OBC category. had refused to give. The court, while giving its verdict, had said that if the posts remain vacant due to non-availability of eligible candidates of any reserved category, then the appointing authority like Education Department can request the Scheduled Castes and Backward Classes Welfare Department to cancel the said vacancies. .