Reserved category students with scores to make it to general category to be admitted to general category, not reserved category: Supreme Court

The Supreme Court on Friday ruled that if a backward class candidate scores marks on par with meritorious candidates, then his/ her admission selection would be under the general category while the reserved category remains open for those backward class candidates getting scores required for entry therein (State of Tamil Nadu vs K Shobhana).A Bench of Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy delivered the judgment on an appeal concerning Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016..The respondents, in the case, had applied for recruitment to the post of Post Graduate Assistants and Physical Education Directors, Grade-I. .They claimed that, on scrutinizing the provisional list of admission, they found that some candidates categorised under the Most Backward Class (MBC) quota would have been selected irrespective of any reservation. These candidates had not been considered under the general vacancies but had been appointed in the MBC/ Denotified Community (DNC) quota. The respondents claimed that they were not selected as the other candidates were appointed against the MBC/DNC quota instead of the general quota. .The respondent candidates stated that the candidates were required to be adjusted against vacancies in general category, and thereafter that the backlog vacancies had to be filled in with reserved category candidates. Thereafter, lastly, the current vacancies under the quota had to be adjusted..Section 27(f) states that if reserved seats are not filled up for a particular year, then instead of offering it to the general category, those vacancies can be carried forward for one year. If these vacancies are not filled in the succeeding year, then it goes to other categories.The provision also states that in the next recruitment, the recruitment is to be made “first for backlog vacancies and then the normal rotation shall be followed”..The State of Tamil Nadu argued that Section 27 has nothing to do with the selection based on merit and that it only applies to the mode of reservation post that stage. Two lists for “the distinct groups” are required to be made for the reserved vacancies i.e. first, a backlog list and then, secondly, the current list. The meritorious candidates selected have nothing to do with this part (backlog) of the list, it was argued..The Supreme Court noted that Section 27(f) merely states that if the required number of candidates belonging to the community which falls under reservation is not available, then the vacancies for which selection could not be made in the current year should be treated as backlog vacancies..The Court further noted that in a catena of judgments, it has been held that reservation category candidates who have scores to make it to general category have to be appointed/ admitted to general category. Expressing agreement with this principle, the Bench opined, .““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 have made it on their own merit albeit, from reserved category, have not sought the benefit of the reservation. Thus, Section 27 of the Act would have nothing to do up to that point. Section 27 would apply only when the reservation principle begins, which is after filling up of the seats on merit,” the Judgment explained. .The Court added that an increase in MBC/DNC candidates really does not impinge on the reservation of seats for other categories, “nor does it violate any provision of the Constitution of India.”.[Read Judgment]