Arunthathiyar candidates can compete in SC general quota too: HC
The court was hearing an appeal preferred by E. Surya, belonging to the Hindu Pallan community. The Teachers Recruitment Board issued a notification in 2019 for the post of Lecturers in Government Polytechnic Colleges and Special Institutions (Engineering/Non-Engineering). She had applied for the post of Lecturer (Information Technology) under the Scheduled Caste category. However, the two vacancies for the post were filled up by candidates belonging to SC (Arunthathiyar) community.
The case of the appellant is that one Ms R, Jeyasudha, who scored more marks than her, ought to have been selected against the SC(A) category in the first instance. In that event, in the SC (General) vacancy, the appellant would have competed with others, all of whom had scored lower marks compared to her.
Since Ms Jeyasudha was selected against SC (General) vacancy in the first instance itself, the appellant who is not an Arunthathiyar could not be considered for the remaining vacancy which had been reserved for a person belonging to the SC(A) category. She contended the procedure adopted by the recruiting agency was not in conformity with the statutory provisions. A Single Bench dismissed her petition. She preferred an appeal against the order.
The Division Bench observed that reservation was introduced with the aim of advancing and giving adequate representation to Scheduled Castes, Scheduled Tribes and other socially and educationally backward classes of citizens.
It is well settled that candidates who make it on their own merit have to be adjusted against the General Category candidates. In other words, when vacancies are filled up, the open quota opens first and candidates irrespective of caste, sex etc., are allowed to compete based on merit. The meritorious candidates should be first selected as against the open quota vacancies. Only thereafter, selection has to be made for the vertical reservation category from among the remaining candidates belonging to that particular reserved category (vertical) based on merits, the court observed.
It must then be seen if sufficient numbers of candidates to satisfy special reservation (horizontal reservation) have been selected. If not, the required number of special reservation candidates shall have to be accommodated as against social reservation categories by deleting the number of candidates therefrom. At any rate candidates who were selected against a post under the open quota shall not be adjusted against the reserved quota under vertical reservations, the court observed.
When a reserved candidate can compete in the open quota on merit and his/her selection would not affect the number of vacancies earmarked for his/her group the same approach should be adopted in the case of sub-reservation also. The court consequently upheld the manner of selection made by the Teachers Recruitment Board.
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