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Union Of India & Anr vs Satya Prakash & Ors on 5 April, 2006 cites

Union Of India And Ors. Etc vs Virpal Singh Chauhan Etc on 10 October, 1995

In Union of India v. Virpal Singh Chauhan (1995) 6 SCC 684 it has been held by this Court (at page SCC 705) that while determining the number of posts reserved for Scheduled Castes and Scheduled Tribes, the candidates belonging to reserved category but selected/promoted on the rule of merit (and not by virtue of rule of reservation) shall not be counted as reserved category candidates.
Supreme Court of India Cites 11 - Cited by 447 - B P Reddy - Full Document

Shri Ritesh R. Sah vs Dr. Y.L. Yamul & Ors on 15 February, 1996

Further, proviso to sub-Rule 2 of Rule 16 makes it further clear in unambiguous terms that the candidates belonging to the Scheduled Castes, the Scheduled Tribes or the Other Backward Classes who have been recommended by the Commission without resorting to the relaxed standard (i.e. on merits), referred to in this sub-Rule, shall not be adjusted against the vacancies reserved for the Scheduled Castes, the Scheduled Tribes and the Other backward classes. This position has been made crystal clear in Ritesh R. Sah (supra) as referred to above that while a reserved category candidate entitled to admission on the basis of his merit, will have the option (preference) of taking admission in the college where specified number of seats have been kept reserved for reserved category but while computing the percentage of reservation he will be deemed to have been admitted as an open category candidate and not as a reserved category candidate.
Supreme Court of India Cites 7 - Cited by 463 - K Ramaswamy - Full Document
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