Delivering a significant verdict on reservation, the Supreme Court has stated that selection in the General or Open category will be based on merit. If a candidate from a reserved category scores higher than the cut-off marks for the General category, they can be counted within the General category.
According to the Supreme Court, the General category does not belong to any specific caste but is determined based on merit. This decision by the court will have a major impact on the General category as well as on SC, ST, OBC and EWS candidates.
The Supreme Court's Decision
In its judgment, the Supreme Court stated that if the cut-off for a reserved category is higher than that of the General category, and a reserved category candidate crosses the General cut-off, they can be selected under the General quota. The General category should accommodate all meritorious students, regardless of their caste, religion, tribe class or gender. The Court remarked that simply mentioning one's caste in the application form does not in itself confer the right to a reserved seat; it merely indicates that the candidate may also be a claimant for the reserved list.
According to the Court, there is only one condition for admission into the Open Category: Merit. The background or class of the candidate will not be considered.
What Will Be the Impact Of The Court's Decision?
- The Supreme Court had clarified in the Indra Sawhney case that meritorious candidates should be given opportunities based on their ability. The court's new order has reaffirmed this principle.
- Reserved category candidates scoring more than the General cut-off can now be included in the General category.
- However, if a candidate has availed the benefit of reservation (such as age relaxation or fee concession) at any stage of the examination, this rule will not apply, and they will not be counted in the General category.
- If a reserved category candidate crosses the General cut-off without utilising any specific relaxation, they will be selected for a General seat.
- According to the Court, this decision strengthens the rules of merit and does not violate any rights of General category candidates.
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What Is The Entire Matter?
In August 2022, the Rajasthan High Court announced recruitment for 2,756 posts (Junior Judicial Assistant and Clerk Grade-II). In the written examination results, the cut-offs for SC, OBC, MBC, and EWS categories went higher than the General category cut-off. Some reserved category candidates crossed the General cut-off but were excluded from the next round because they failed to meet the higher cut-off of their respective categories.
The results were challenged in the Rajasthan High Court, which ruled that the General list must be determined based on merit. The Supreme Court has now upheld this decision.