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1 - 9 of 9 (0.27 seconds)Shri Ritesh R. Sah vs Dr. Y.L. Yamul & Ors on 15 February, 1996
23. The question in that case was whether a reserved category candidate
who is entitled to be selected for admission in open competition on the
basis of his/her own merit should be counted against the quota meant for
the reserved category or should he be treated as a general candidate. The
Court reached the conclusion that when a candidate is admitted to an
educational institution on his own merit, then such admission is not to be
counted against the quota reserved for Schedule Castes or any other
reserved category. It was so held in the following words:
Narayan Rao vs The State Of Andhra Pradesh on 15 July, 1957
In this connection, reference may be had to the Full Bench
decision of the Andhra Pradesh High Court in Narayan Rao v. State
, striking down the enhancement of reservation from 25% to 44%
for O.B.Cs. The said enhancement had the effect of taking the
total reservation under Article 16(4) to 65%.
Union Of India vs Ramesh Ram & Ors on 7 May, 2010
In their inter-se merit, these persons who
have been able to find their place in general list on account of their
merit are definitely better placed than those candidates who are selected
in the reserved category, though both types of candidates belong to
reserved category. Thus, if between these two categories of persons
belonging to same class, higher choice is not given to the persons who are
better in merit viz. the MRCs, it would clearly be injustice to them. This
was precisely the issue which was referred for decision to the Constitution
Bench in the case of Ramesh Ram (supra). In paragraph 3 of the judgment,
the Constitution Bench stated the question which was referred for its
decision and, the same reads as follows:
Anurag Patel vs U.P. Public Service Commission And Ors on 29 September, 2004
III.Whether the order of the Central Administrative
Tribunal was valid to the extent that it relied on Anurag Patel
vs. U.P.Public Service Commission (which in turn had referred to
the judgment in Ritesh R.Sah v. Dr.Y.L.Yamul, which dealt with
reservations for the purpose of admission to postgraduate medical
course); and whether the principles followed for reservations in
admissions to educational institutions can be applied to examine
the constitutionality of a policy that deals with reservation in
civil services.”
Article 32 in Constitution of India [Constitution]
Article 330 in Constitution of India [Constitution]
Article 332 in Constitution of India [Constitution]
Indira Sawhney vs Union Of India And Ors on 13 December, 1999
15. There is no quarrel upto this stage. It is now well entrenched
principle of law that those members belonging to reserved category who get
selected in the open competition on the basis of their own merit have right
to be included in the general list/unreserved category and not to be
counted against the quota reserved for Scheduled Caste. This was
recognized by the Constitutional Bench judgment of this Court in Indira
Sawhney (supra) and has been followed in series of judgments thereafter.
Thus, when certain persons belonging to reserved category get selected in
open competition on the basis of their merit, they are not to be counted
in the reserved category against the reserved category quota. It is open to
the authorities to fill the posts meant for reserved category candidates
from amongst the persons in such categories after excluding those who have
found their place in general merit. As a fortiori, while calculating the
limit of 50% reservation, those candidates belonging to reserved category
who have found their place on the basis of their merit competing with
general candidates are not to be taken into consideration. It is also not
in dispute that such OBC/SC candidates who have been included in general
category have come in that category on their own merit with no relaxation
of the eligibility level i.e. percentage of marks. However, the objection
of Mr. Lahoti, learned counsel for the petitioner, was to the method of
counseling which was adopted in the present case as that has come, no
doubt, above to the persons in reserved categories. He submitted that as
per para 4 of the counseling letter choice was given to SC/ST/OBC
candidates who had taken admission in the open competition, to opt for a
better Institution of their choice for which he/she would have been
eligible as per the rules of reservation. This, according to him, was
impermissible as once a candidate in reserved category had taken admission
under the open competition, he could not have been given a choice for
better Institution on the premise that he/she will be governed by Rules of
reservation. For this reason, he took strong objection to the note
appended to para 4 of the counseling letter as well which facilitated this
process.
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