Important judgment of the Supreme Court on reservation

 Important judgment of the Supreme Court on reservation: Candidates in the reserved category can be selected in the general category if they pass with good marks.

The Supreme Court delivered a landmark judgment on Friday. In which it is said that if the candidate of backward class brings the exact number of meritorious candidate, then his selection will be under general category. While the reserve category will be for other backward classes. Which requires the required number for admission. The court passed the judgment in the Shobha case against the State of Tamil Nadu.

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A bench of Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy ruled on the appeal under Section 27F of the Tamil Nadu Government Servants Act, 2016. In the case, the petitioner had applied for the post of Post Graduate Assistant and Director of Physical Education, Grade-1.

He said that while checking the provisional list, it was found that some candidates classified under the Most Backward Class Quota have been selected despite being reserved. These candidates were not included in the general vacancy. Have also been appointed in the MBC quota. They have been selected in MBC quota instead of normal quota.

આ પણ વાંચો :- ઓબીસી વિદ્યાર્થીઓને રૂપાણીની સરકારી ગિફ્ટ, વિદ્યાર્થી દીઠ 20 હજાર રૂપિયા મદદ કરશે!

What does Article 27 (F) say?

They said, ‘Candidates were to be placed in general category vacancies and then backlog vacancies were to be filled from reserved category candidates. Then in the end the current vacancies under the quota had to be adjusted. Article 27 (F) states that if the reserved seats are not filled in a particular year, those seats may be extended for one year instead of being kept in the general category. If the meetings are still not completed, they are placed in another category that year. The provision also states that in the next recruitment, "first backlog vacancies will be filled and then normal rotation will be followed."

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‘Selected smart candidates have nothing to do with backlog’

The Tamil Nadu government argued that section 27 had nothing to do with selection on the basis of merit and that it only applied to the mode of reserved posts at that stage.

ગુજરાતીમાં વાંચવા માટે અહિયાં ક્લિક કરો 

Two lists for “different groups” should be created for reserved spaces, first the backlog list and then the current list.

The selected smart candidates have nothing to do with this part of the list (backlog). The apex court said that section 27 (F) states that if the required number of candidates from the society coming under the reserve is not available, the vacant post for which no selection could be made in the current year should be considered as backlog.