The Supreme Court has reiterated that a reserved-category candidate selected in the open category on merit can get a better reserved post than a lower-scoring reserved candidate, provided no relaxation was used.
The Supreme Court has reiterated an important principle on researvation and allocation of goverment post. Observing that a reserved-category candidate selected in the open category on merit can be considered for a better post under the reserved category if they have scored higher marks than a reserved-category candidate already allotted that post, as per Bar & Bench report.
A bench of Justice MM Sundresh and Justice Prasanna B Varale said the legal position on the issue is settled and has been reaffirmed by the Supreme Court in several judgments, including the Constitution Bench ruling in Union of India v. Ramesh Ram, reported in (2010) 7 SCC 234.
The observation was made while hearing a batch of petitions related to the allocation of services to reserved-category candidates who were selected on open merit in the 6th Combined Civil Services Examination conducted by the Jharkhand Public Service Commission (JPSC).
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