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 @advocatetanwar.com