Supreme Court Upholds Merit-Based Migration of Reserved Candidates to Unreserved Posts Kerala High Court's Decision Set Aside; Supreme Court Affirms Reserved Candidates Securing Higher Marks Can Fill Unreserved Posts
In a significant ruling, the Supreme Court of India has set aside the Kerala High Court's judgment regarding the appointment process by the Airport Authority of India, thereby upholding the principle of merit-based migration of reserved category candidates to unreserved posts. The decision was delivered by a bench comprising Justices M.M. Sundresh and Satish Chandra Sharma, addressing the long-standing legal debate on the treatment of reserved category candidates who outperform general category candidates in competitive examinations.
The case stemmed from a recruitment process initiated by the Airport Authority of India in 2013, which advertised 245 vacancies, including 122 unreserved posts. The issue arose when Sham Krishna B, a reserved category candidate, challenged the selection process after being excluded from the final list despite scoring higher than the cut-off for some general category candidates. The Kerala High Court had earlier directed the Airport Authority to appoint Sham Krishna B to a vacancy, but this decision was contested in the Supreme Court.
The Supreme Court, after a thorough analysis, ruled that reserved category candidates scoring higher than general category candidates must be considered for unreserved posts based on merit. The judgment emphasized that merit should not be compromised and that reserved category candidates who do not avail of any concessions should be placed in the open category if they meet the merit criteria. The court reiterated that this principle supports the constitutional mandate of equality and affirmative action.
The bench referred to multiple precedents, including the landmark Indra Sawhney case, and clarified that the migration of reserved category candidates to the unreserved category is justified and does not violate the principles of reservation.
This ruling is expected to have a significant impact on future recruitment processes across public sectors, ensuring that merit remains a key criterion while simultaneously upholding the reservation policies as intended by the Constitution.
Bottom Line:
Reservation in public employment - Reserved category candidates scoring higher marks than the General Category candidates must be treated as unreserved candidates and appointed against unreserved posts based on their merit.
Statutory provision(s): Articles 14, 16, and 335 of the Constitution of India, Department of Personnel and Training Office Memorandum 1997
Airport Authority of India v. Sham Krishna B, (SC) : Law Finder Doc Id # 2839457
