HC relief to meritorious reserve category candidates

Allahabad, Jan 9 (UNI) In a significant verdict, the Allahabad High Court has ruled a reserve category candidate with more marks than the last general category candidate, will be entitled to for selection to an unreserved seat as well.

A division bench comprising Justices S R Alam and Sudhir Agrawal passed this order on a special appeal filed by one Sanjeev Kumar Singh.

The HC accepted the argument of Uttar Pradesh advocate general S M A Kazmi that candidates of reserve category, who have secured higher marks on account of merit in such selection are entitled to compete and be selected against general seats/unreserved seats and they cannot be confined to the reserve seats only.

The court also directed UP to undertake an indepth study to find out respective representation of various class of backward citizens in public services and to find out if any backward class has achieved the constitutional goal and adequate representation in service or not.

UP has been asked to take further action by reviewing the policy in light of the facts, figures and information received pursuant to such study.

''We intend to remind UP that continuance of reservation under article 16[4] and 16[4A] is preceded by a condition that the backward class of citizens are not adequately represented in service and once such representation is there, continuance of reservation to such class would not be constitutionally permisible, remarked the bench.

The bench directed this exercise be undertaken within six months and a compliance report submitted to the HC by July 31.

The court held that reservation for women cannot be said to be arbitrary or unconstitutional and is protected by article 15[3] of the constitution.

UNI