Reserved Category Candidates More Meritorious than the Last of General Category Candidate Entitled To Get General Category Seat
Case: Bharat Sanchar Nigam Limited vs Sandeep Choudhary
Coram: Justice M R Shah and B V Nagarathna
Case No.: CA 8717 OF 2015
Court Observation: Applying the law laid down by this Court in the aforesaid decisions to the facts of the case on hand, it is noted that the aforesaid two candidates, namely, Mr. Alok Kumar Yadav and Mr. Dinesh Kumar, belonging to OBC category, were required to be adjusted against the general category as admittedly they were more meritorious than the last of the general category candidates appointed and that their appointments could not have been considered against the seats meant for reserved category. Consequently, after considering their appointments in the general category, the seats meant for reserved category were required to be filled in from and amongst the other remaining reserved category candidates on merit such as respondent No.1 herein. If such a procedure would have been followed, the original applicant – respondent No.1 would have got appointed on merit in the reserved category seats in the vacancy caused due to the above procedure.
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