Three judges bench of the Supreme Court including Justice Sanjay Kishan Kaul, Justice Dinesh Maheswari, and Justice Hrishikesh Roy. They consider an appeal file before the High court of Madras; for the purpose of reservation. The state of Tamil Nadu files an appeal for the issue; that in the urge to fill up the vacancies as under section 27(f) of the Tamil Nadu government servant (conditions of service) Act 2016.

The matter comes up before the court when the vacancies were filling up in the direct recruitment process to the post of post-graduate assistants and Grade 1 physical education directors.
The Supreme Court to that effect holds an opinion. And passes an order that the candidates falling under the category of the reservation; who are scoring more than the cut-off marks; which are mentioned for the general category candidates will be adjusting. This will be done against the general category on the basis of their merit and not on the basis of their reserved category.
The court also put forth their opinion that; this court never doubts such principle. And the constitution also mentions the same principle explicitly.
The court passes such a judgment; on relying on several other precedents like Saurav Yadav v/s state of Uttar Pradesh which mentions that; candidates who belong to the reserved category are eligible to fill general or open category vacancies on the basis of merit.
The judgment relies on the social philosophy of vacancies for reserve categories. The provisions clearly mention carrying forward such vacancies to next year if not filled up in the same year.

Read more latest news and blogs at

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.


The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.