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R. K. Sabharwal And Ors vs State Of Punjab And Ors on 10 February, 1995

24. More clarity is available from the judgment of the Hon'ble Supreme Court relied on by the AAI itself. R.K.Sabharwal and Ors. v. State of Punjab and Ors. [(1995) 2 SCC 745] declared that W.A No.1581 of 2018 28 "When a percentage of reservation is fixed in respect of a particular cadre and the roster indicates the reserve points, it has to be taken that the posts shown at the reserve points are to be filled from amongst the members of reserve categories and the candidates belonging to the general category are not entitled to be considered for the reserved posts. On the other hand the reserve category candidates can compete for the non-reserve posts and in the event of their appointment to the said posts their number cannot be added and taken into consideration for working out the percentage of reservation." (sic-para 4) The mandate is only to permit the reserved categories to compete for the non-reserved UR vacancies and not to count such reserved candidates appointed to open competition (UR) vacancies for satisfying the quota provided to that community.
Supreme Court of India Cites 5 - Cited by 786 - K Singh - Full Document

Niravkumar Dilipbhai Makwana vs Gujrat Public Service Commission And ... on 4 July, 2019

16. We agree with the submission that the W.A No.1581 of 2018 19 candidates who applied under the reserved category availing of any benefit of relaxation of standards or even age, available to their community, can be appointed only to the reserved vacancies, as held in Niravkumar Dilipbhai Makwana Vs. Gujarat P.S.C (2019) 7 SCC 383. But there can be no rule that a meritorious reserved candidate who, on the basis of his merit is at the roster point reserved for his community should be passed over to accommodate another reserved candidate, lower down in the list who has availed of a relaxation. Then the principle of primacy to merit stands compromised.
Supreme Court of India Cites 6 - Cited by 75 - S A Nazeer - Full Document
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