Rajasthan High Court Upholds Merit Migration for Reserved Category Candidates

Court Orders State to Appoint Kirti Chowdhary in Vacant BC, WE Category Position

In a significant ruling, the Rajasthan High Court has directed the state to adhere to the principle of merit migration for reserved category candidates who secure higher marks than general category candidates, provided they have not availed any substantive reservation benefits except fee concessions. The decision came in response to a petition filed by Kirti Chowdhary, who challenged the selection process for the post of Junior Hydro Geologist in the Ground Water Department under the Rajasthan Ground Water Service Rules, 1969.

Justice Farjand Ali, presiding over the case, emphasized the constitutional principles of equality and non-discrimination, as enshrined in Articles 14 and 16 of the Indian Constitution. The court found that Ms. Deepti Kalal, originally selected under the OBC (Women) category, had secured higher marks than a candidate selected in the General (Women) category but was not migrated to the General category, thereby denying Ms. Chowdhary the opportunity to be appointed in the BC, WE category.

The court cited landmark judgments from the Supreme Court, including Deepa E.V. v. Union of India and Bharat Sanchar Nigam Limited v. Sandeep Choudhary, which established that merit migration is mandatory for candidates who achieve higher marks than the general category cut-off, provided they do not benefit from age, qualification, or other substantive relaxations.

The respondents, represented by the Rajasthan Public Service Commission (RPSC), argued that the merit list was prepared according to state guidelines, and no vacancies were available. However, the court dismissed these claims, stating that the guidelines could not override constitutional principles. Furthermore, the court noted that a vacancy had arisen in the BC, WE category after Ms. Kalal accepted another position as Assistant Professor (Geology).

In its order, the court declared the selection of Ms. Kalal under the BC, WE category as illegal and directed the RPSC to fill the consequential vacancy from the reserve list, thereby appointing Ms. Chowdhary to the post of Junior Hydro Geologist. The court also ensured that this decision would not affect the appointment of Ms. Shobha Rakhecha, the candidate selected under the General (Women) category.

This judgment reinforces the principle of meritocracy and ensures that administrative lapses do not infringe on the constitutional rights of candidates. The state has been given six weeks to comply with the court's directive and complete the necessary formalities for Ms. Chowdhary's appointment.

Bottom Line:

Reserved category candidates, securing marks higher than the General category cut-off and not availing substantive reservations (except fee concession), are entitled to migration to the General category based on merit.

Statutory provision(s): Articles 14, 16 of the Constitution of India

Kirti Chowdhary v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2818230