The Supreme Court has issued a major decision regarding the job in the reserved category. The court said that the candidate of the reserved category will get a job in the reserved category, even if he has not achieved more marks than the general category candidates.

The bench of Justice R Bhanumati and Justice AM Khanwilkar said that once the applicant has applied in the reserved category and after getting the other concession, the candidate will be entitled to the job only for the reserved category. It can not be adjusted in the general category.

The bench of the Supreme Court gave this decision in the case of the female candidate of the reserved category. The petitioner had approached the court that she should be given a job in the general category as she has secured more marks than the general category candidates in the written examination.

The court said that the DOPT's July 1, 1999 rules of proceedings and clear in the OM, the SC / ST and OBC candidate, who have been selected on the basis of their merit, will not be adjusted in the reserved category.

In the same way when SC / ST and OBC candidates are given exemptions such as age limit, experience, educational qualification, more opportunities for written examination, they will be considered for reserved vacancies only. Such candidates will be treated as unavailable for unreserved vacancies.

The petitioner had applied in the OBC category with a rebate of age limit. She also gave interviews in the OBC category. Therefore, she can not claim the right of appointment in the general category.

For example, if a candidate declares himself in the reserved category while filling the application and takes advantage of it. But later, if its points are equal or more than the general category cutoff, then its selection will be for reserved seats only. Under this, it will not get general category seats.

Deepa PV applied to the OBC category for the Lab Assistant Grade-II in the Indian Export Inspection Council under the Ministry of Commerce. She got 82 points in the examination for this. In OBC category, 11 people were called for interviewing her. But Serena Joseph, who scored 93 points in this class, was chosen.

As far as the general category was concerned, the minimum cutoff score was 70. But no candidate could bring these marks. Deepa filed a petition in the High Court for adjusting to this category, but the High Court dismissed it. After this, Deepa reached the Supreme Court.

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