Reserved Category Candidates with Higher Marks Than Unreserved Counterparts Entitled to Equal Consideration
In a landmark judgment, the Allahabad High Court has intervened in the selection process for public employment, emphasizing merit-based evaluation over categorical reservation norms during preliminary examinations. The court's decision stems from a special appeal filed by Vivek Yadav and four others against the State of U.P., challenging the exclusion of reserved category candidates who secured higher marks than unreserved candidates from appearing in the main examination.
The appellants, belonging to the Other Backward Classes (O.B.C.), argued that despite scoring higher in the preliminary exams, they were denied the opportunity to participate in the main examination due to separate cut-off marks set for reserved categories. The court, comprising Justices Rajan Roy and Manjive Shukla, found this practice prima facie violative of Articles 14 and 16(1) of the Constitution of India, which guarantee equality before the law and equal opportunity in public employment.
The court scrutinized the incongruity of applying reservation norms at the preliminary stage and highlighted the fundamental defects in the selection process. It underscored that reserved category candidates who secure higher marks than their unreserved counterparts are entitled to be treated as unreserved candidates for the purpose of merit-based advancement in the selection process.
Referring to precedents such as Indra Sawhney v. Union of India and R.K. Sabarwal v. State of Punjab, the judgment reinforced the principle that merit should prevail in public employment, irrespective of reservation status, especially at the preliminary examination stage. The court noted that any rule contrary to this principle is susceptible to being struck down or ignored.
The judgment also critiqued the lower court's rejection of interim relief, stating that it relied on irrelevant aspects concerning relaxation for reserved category candidates. The High Court clarified that such relaxation is pertinent only at the final selection stage, not during preliminary shortlisting.
In a bid to prevent further complications, the court has put the selection and appointment process on hold until further notice, allowing those already appointed to remain unaffected. The case is scheduled for further hearing on May 12, 2026.
This judgment is a significant step towards ensuring fair and equal treatment in public employment, reaffirming the importance of meritocracy in the selection process and addressing discrepancies in reservation norms.
Bottom Line:
Reservation norms in public employment - Reserved category candidates securing higher marks than Unreserved category candidates cannot be excluded from appearing in the main examination based on separate cut-off marks for Reserved categories. Such exclusion violates Articles 14 and 16(1) of the Constitution of India.
Statutory provision(s): Articles 14, 16(1) of the Constitution of India
Vivek Yadav v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2897201
