Supreme Court Reinstates Merit-Based Appointment for PWD-LV Category in Unreserved Posts, Supreme Court Overturns Calcutta High Court Decision, Asserts Meritocracy in Unreserved Horizontal Reservation for Persons with Disabilities.
In a landmark judgment, the Supreme Court of India has reinstated the principle of meritocracy in the appointment of Persons with Disabilities (Low Vision) under unreserved horizontal reservation, overturning a previous decision by the Division Bench of the Calcutta High Court. The case, titled "West Bengal State Electricity Transmission Co. Ltd. v. Dipendu Biswas," revolved around the interpretation of recruitment notifications concerning the filling of vacancies reserved for Persons with Disabilities with Low Vision (PWD-LV).
The apex court, through the bench comprising Justices Sanjay Karol and Nongmeikapam Kotiswar Singh, held that unreserved horizontal category posts are open to all candidates belonging to the specified special category, irrespective of their social category. This decision emphasizes that merit remains the decisive factor in such appointments.
The judgment stems from a dispute involving the West Bengal State Electricity Transmission Company Limited's recruitment process for the position of Junior Engineer (Civil) Grade II. The recruitment notification stipulated that in case of non-availability of qualified unreserved candidates in the PWD-LV category, the vacancy would be filled by PWD candidates of other categories based on merit. The Division Bench of the Calcutta High Court had previously ruled that a qualified unreserved PWD-LV candidate should be given preference, even if there were more meritorious candidates from reserved categories.
In reversing this decision, the Supreme Court clarified that the unreserved category does not belong to any social category and is open to all candidates of the specified special category, provided they meet the merit criteria. The court asserted that more meritorious candidates from reserved categories can migrate to unreserved horizontal posts based on merit, and less meritorious unreserved candidates cannot claim preference solely based on their unreserved status.
This judgment underscores the principle that horizontal reservations, such as those for Persons with Disabilities, are open to all candidates who meet the specific criteria, irrespective of their social background. It reinforces the importance of merit in filling unreserved posts and aligns with established legal precedents on reservation laws in India.
The Supreme Court's decision effectively restores the order passed by the Single Bench of the High Court, which had upheld the merit-based appointment of a more qualified candidate from a reserved category for the unreserved PWD-LV position. This ruling is expected to have significant implications for future recruitment processes involving horizontal reservations.
Bottom Line:
Unreserved posts under horizontal reservation are open to all candidates belonging to the specified special category irrespective of their social category, and merit remains the decisive factor in such appointments.
Statutory provision(s): Article 16 of the Constitution of India, Recruitment Notification No. REC/2023/01, Reservation Law Principles, Indra Sawhney v. Union of India, Saurav Yadav v. State of U.P., Anil Kumar Gupta v. State of U.P., Deepa E.V. v. Union of India, Union of India v. Sajib Roy.
