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5.Having considered the submissions raised, we find that the argument of the learned counsel for the respondents petitioners is correct, inasmuch as if the candidates belonging to the Most Backward Category, by virtue of their merit, are filling in the slot of the open category/general turn, it is not necessary that they should be http://www.judis.nic.in WA.Nos.419 and 421 to 429 of 2020 compulsorily placed and pushed against the backlog vacancies of that category. Those standing in merit do not have to compulsorily avail reservation against backlog vacancies. This would be denying their own merit and forcing them to accept reservation irrespective of their merit that would be irrational and arbitrary. The backlog vacancies can be filled up by offering it to the candidates of the said category.

6. A close look at Section 27(a) read with sub-section (bbb) and further to the last three lines of the third proviso to sub-section (f) would demonstrate that the backlog vacancies have to be offered to the same category in the succeeding recruitment year. However, the normal rotation shall be followed after first the backlog vacancies are filled up, so that the backlog vacancies attain the optimum reservation and the normal rotational reservation in the succeeding year is not affected. The aforesaid provisions are extracted herein under:

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Provided also that in the case of selection for appointment by direct recruitment, with effect on and from the 1st April 1989, there shall be a ban on dereservation of vacancies reserved for the candidates belonging to any of the Scheduled Castes and Scheduled Tribes, Most Backward Classes and Denotified Communities to be appointed by direct recruitment. But, the above ban on dereservation of vacancies shall not be applicable to the vacancies reserved for the Backward Classes (other than Most Backward Classes and Denotified Communities), Backward Class Muslims and, therefore, if qualified and suitable candidates belonging 26 to any of the Backward Classes (other than Most Backward Classes and Denotified Communities), Backward Class Muslims are not available for appointment, the turn so allotted to them shall lapse and the vacancy shall be filled by the next turn in the order of rotation. If sufficient number of qualified and suitable candidates belonging to any of the Scheduled Castes and Scheduled Tribes, Most Backward Classes and Denotified Communities are not available for selection for appointment for http://www.judis.nic.in WA.Nos.419 and 421 to 429 of 2020 the vacancies reserved for them by direct recruitment in the first attempt of recruitment, then, a second attempt shall be made for selection of the candidates belonging to the respective communities by direct recruitment in the same recruitment year or as early as possible before the next direct recruitment for selection of candidates against such vacancies. If the required number of candidates belonging to such communities are not available even then, the vacancies for which selection could not be made shall remain unfilled until the next recruitment year treating them as “backlog” vacancies. In the subsequent year, when direct recruitment is made for the vacancies of that year, namely, the current vacancies, the “backlog” vacancies shall also be announced for direct recruitment, keeping the vacancies of the particular recruitment year, namely, the current year vacancies and the “backlog” vacancies as two distinct groups as illustrated in Schedule-IX. The selection for appointment for the next direct recruitment shall be made first for the “backlog” vacancies and then the normal rotation shall be followed.”

7. The word “first” occurring in the third proviso to sub-section

(f) of Section 27 means that before applying the rotation amongst the same category, the backlog vacancy of the same category will be filled up and then the rotation would be applied. The learned Single Judge http://www.judis.nic.in WA.Nos.419 and 421 to 429 of 2020 has simply indicated this. The said proviso which contains the word “first” does not have any relation to the offer and placement of such reserved category candidates, including Most Backward Classes and Backward Classes who attain their position by way of merit in the open category/general turn vacancies. They occupy the post of open category/general turn by virtue of their merit and not by way of reservation. The backlog vacancies are to be filled up by such of the candidates who deserve reservation benefits according to their merit. It is quite possible, as in the present case, that the writ petitioners by virtue of their higher merit are placed in the select list of the open category/general turn. Their rights to remain in the open category/general turn is in no way affected by the existence of backlog vacancies which can still be filled up by those reserved category candidates, who according to the benchmark fixed for the reserved category candidates would be entitled to occupy the reserved category posts. In sum and substance, if some of the Most Backward Classes candidates are placed in the select list of open category/general turn vacancies, then the number of reserved category seats do not get decreased. For this, it is not necessary to fill up the backlog vacancies by placing high meritorious candidates of the same category by pulling http://www.judis.nic.in WA.Nos.419 and 421 to 429 of 2020 them down from the open category/general turn.