Reserved-Category Candidates Cannot Shift to General Category After Availing Reservation Benefit, Supreme Court Told

The Supreme Court has been urged to clarify an important reservation principle in the ongoing dispute over the recruitment of 69,000 assistant teachers in Uttar Pradesh, with candidates from the general category arguing that once a candidate has availed the benefit of reservation, that person cannot later claim selection against an unreserved seat merely on the basis of higher marks.

 

Senior advocate Shobha Gupta, appearing for candidates already selected and serving under the recruitment process, submitted that reserved-category candidates had received relaxations in age, fees and qualifying marks. She argued that these were not minor concessions but benefits flowing directly from reservation.

 

According to the submission, candidates who entered the recruitment process by availing such relaxations should not subsequently be treated as general-category candidates merely because they secured marks higher than the general cut-off.

 

Nearly 10,000 Existing Appointments Could Be Affected

The issue carries significant consequences for teachers already in service. It was argued before the Court that if the Allahabad High Court’s judgment dated August 13, 2024 is implemented in its present form, nearly 10,000 teachers appointed under the recruitment process could lose their jobs.

 

The matter was heard by a Bench comprising Justice S.V.N. Bhatti and Justice N.V. Anjaria, which is reconsidering the dispute arising from the High Court’s decision concerning the selection list prepared for the 69,000 assistant teacher recruitment exercise.

 

The general-category candidates have challenged the High Court order that set aside the earlier merit list and directed reconsideration of the selection process in accordance with reservation norms.

 

Core Dispute: Migration from Reserved to Unreserved Category

A central question before the Court is whether candidates belonging to reserved categories, after having taken benefit of reservation-related relaxations, can migrate to the unreserved category if they subsequently score sufficiently high marks.