NEW DELHI: The Supreme Court on Thursday held that the reserved category candidates securing higher marks than the last of the general category candidates are entitled to get a seat/post in the General Category.
The Supreme Court was dealing with an appeal by Bharat Sanchar Nigam Limited (BSNL) against an order of the Rajasthan High Court which had held that the selection of the two reserved category candidates was required to be adjusted against the general category since they had scored more than the last of the general category candidates appointed, according to Bar & Bench.
The candidates belonging to reserved categories can as well stake claim to seats in unreserved categories if their merit and position in the merit list entitles them to do so, the bench comprising Justices MR Shah and BV Nagarathna observed.
The court reportedly relied on various verdicts of the top court including Indra Sawhney Versus Union of India of 1992, popularly called Mandal Commission verdict while dealing with a case of two OBC category candidates seeking the job in the BSNL.
The case reportedly pertains to the appointment of Telecom Technical Assistants (TTAs) in pursuance of the notification dated October 6, 2008, issued by BSNL for filling up of TTA posts.
The appointment was to be made by way of direct recruitment by open competitive examination in the Rajasthan Telecom Circle.
The apex court stated that the Rajasthan High Court has rightly observed and held that two reserved category candidates, namely, Alok Kumar Yadav and Dinesh Kumar having more marks than the general category candidates appointed, were entitled to the appointment in the general category and the seats reserved for OBC category were required to be filled in from and amongst the remaining candidates belonging to the OBC category, Bar & Bench report said.
In this case, according to a Live Law report, the Central Administrative Tribunal, Jodhpur allowed the application preferred by a candidate holding that those candidates belonging to OBC category, who were having more merit were required to be adjusted against the general category seats and consequently the seats reserved for OBC category were required to be filled in from remaining reserved category candidates on merit. The High Court dismissed the writ petition filed by BSNL challenging this order of the Tribunal.