High Court Says Quota for Reserved Category, General Open for all.
The Punjab & Haryana High Court has held that a Backward Class candidates has to be considered for open or general category posts in a selection process if he secures higher merit than the general category candidates.
Justice Tajinder Singh Dhindsa also ruled that the State of Punjab’s action of consideration Backward Class candidates in their category alone, and not for the open posts, in spite of higher merit was bad in the eyes of law, The Case revolves around recruitment of 1192 Clerks in different Punjab Govt. departments,
The Issue for determination before Justice Dhindsa’s Bench was whether a Backward Class candidate applying for a post in direct recruitment process by exercising his option as a reserved category candidate could be considered for an unreserved vacancy if he was higher on merit than the last selected candidates in the general category,
Parminder Singh and other petitioner in a bunch of 19 petition argued that a large number of backward class candidates had secured a higher merit position than the last selected candidates in the general category, As Such they ought to have been considered in the open category,
The State Counsel, on the other hand, contended that petitioners had applied under backward class category, Therefore their merit was to be prepared and confined to that category alone. Justice Dhindsa Asserted that the law on the subject is well crystallized. if a candidate belonging to the reserved category secured a better merit position, than that of general category point because reservation was made for the reserved category candidate and not for the general category candidates,
Justice Dhinda directed the recasting of the Backward class category select list in the light of the observations contained in the judgement. He directed that the benefit of the exercise would be confined only to the petitioners in the bunch of petitions, The Petitioners securing appointment after recasting of the select list were also held entitled to costs of Rs, 25000/- each for unwarranted and unnecessary litigation.
