Case Note & Summary
The case pertains to a recruitment process for Telecom Technical Assistants (TTAs) by Bharat Sanchar Nigam Limited (BSNL) in the Rajasthan Telecom Circle. The advertisement dated 06.10.2008 prescribed minimum qualifying marks of 40% for general category and 33% for reserved category. In the examination, no general category candidate scored above 40%, but four OBC candidates scored above 33%. Subsequently, BSNL relaxed the qualifying marks by 10% for all candidates, making five general category candidates eligible. The dispute arose when two OBC candidates (Alok Kumar Yadav and Dinesh Kumar) who scored higher than some general category candidates were appointed against OBC vacancies, leaving the wait-listed OBC candidate (Sandeep Choudhary) without appointment. The original applicant approached the Central Administrative Tribunal, which directed BSNL to consider his candidature against present or future OBC vacancies. The High Court upheld this, relying on Indra Sawhney and other decisions, holding that the two OBC candidates should have been adjusted against general category vacancies, thereby creating a vacancy for the applicant in the OBC category. BSNL appealed to the Supreme Court. The Supreme Court allowed the appeal, setting aside the High Court's order. The Court held that reserved category candidates who are selected on merit can be adjusted against reserved category vacancies, and the principle of vertical and horizontal reservations as laid down in Indra Sawhney does not require such candidates to be shifted to the general category. The Court emphasized that shuffling candidates would unsettle the entire selection process and cause hardship to already selected candidates. The Court also noted that the relaxation of qualifying marks did not affect the inter se merit of candidates. The appeal was allowed, and the direction to consider the respondent's candidature was set aside.
Headnote
A) Service Law - Recruitment - Reservation - Vertical and Horizontal Reservations - Indra Sawhney principle - The issue was whether OBC candidates who secured more marks than general category candidates should be adjusted against general category vacancies or reserved category vacancies. The Supreme Court held that reserved category candidates selected on merit can be adjusted against reserved category vacancies, and the High Court's direction to shuffle candidates was erroneous as it would unsettle the selection process. (Paras 7-12) B) Service Law - Relaxation of Qualifying Marks - Inter Se Merit - The relaxation of qualifying marks by 10% for all candidates did not affect the inter se merit of candidates. The Court held that candidates who qualified through relaxed standards rank below those who qualified through normal standards, but reserved category candidates who qualified on merit can be placed in reserved category. (Paras 2.2, 8.3) C) Service Law - Selection Process - Finality - The Court held that once the selection process is complete and appointments made, shuffling candidates would unsettle the entire process and cause hardship to already selected candidates. The High Court's direction to consider the wait-listed candidate against future vacancies was set aside. (Paras 4.2, 12)
Issue of Consideration
Whether reserved category candidates who secured more marks than general category candidates should be first adjusted in the general category pool or against vacancies meant for reserved category candidates.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgment of the High Court, and dismissed the original application filed by the respondent.
Law Points
- Reserved category candidates selected on merit can be adjusted against reserved vacancies
- Indra Sawhney principle of vertical and horizontal reservations
- Relaxation of qualifying marks does not affect inter se merit
- Shuffling of candidates not permissible if it unsettles selection process
