General Category Is Open To All Meritorious Candidates, Regardless Of Them Falling In Reserved Or Unreserved Category
Case: Jatinkumar Kishorkumar Bhatt Versus State Of Gujarat
Coram: Justice Biren Vaishnav
Case No.: R/Special Civil Application No. 9608 Of 2022
Court Observation: “Keeping in mind the object of the screening test, which is to eliminate unduly large number of persons to appear for the main examinations, if more candidates are called by declaring the results as conceived by the petitioners, the object of Rule 8(f) would be frustrated. The argument on behalf of the State is that policy of reservation has not been given a go-bye and the concept of reservation in tandem with merit has been followed keeping in mind that as per the Rules when qualifying standards are same for the preliminary examinations and the main examinations, then, there is no separate category like General Category and Reserved Category and persons belonging to all categories as Open Category candidates are called and find their place on the list who are otherwise qualified.”
“…both vertical and horizontal, are method of ensuring representation in public services. These are not to be seen as rigid “slots”, where a candidate’s merit, which otherwise entitles her to be shown in the open general category, is foreclosed, as the consequence would be, if the state’s argument is accepted. Doing so, would result in a communal reservation, where each social category is confined within the extent of their reservation, thus negating merit. The open category is open to all, and the only condition for a candidate to be shown in it is merit, regardless of whether reservation benefit of either type is available to her or him.”
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