Reserved category candidates entitled to be considered against General Category posts for compassionate appointment

Madhya Pradesh High Court:  In an order passed by Sujoy Paul J.  upholding the law laid down by the Supreme Court, it was held that the Reserved Category candidates are entitled to be considered against the posts for the General Category and the only requirement shall be that such candidate should be eligible in all respects except for the caste.

In the instant case, two petitions were put before the Court for consideration. In the first petition the petitioner, who was a SC category candidate had been given compassionate appointment against a General category post initially, but the appointment had been cancelled by an order for the reason that no posts in the “SC category” had been vacant. In the second petition, the petitioner being an ST category candidate was denied appointment on the grounds that no post in the “ST category” had been lying vacant.

The Court observed that in both the cases, non-availability of reserved category post was the reason for cancellation and the non-grant of appointment of the candidates. Having heard the submissions of the counsel for the parties, the Court relied on the law laid down in R. K. Sabharwal vs. State of Punjab  (1995) 2 SCC 754 and held that the reserved category candidates cannot be denied appointment against a General category post merely because of being reserved category candidate and are entitled to be considered against a General category post, given that they are eligible in all respects except for the caste. The only test should be that the candidates shall fulfill all eligibility, qualifications, requirements, etc. for the General category post. It was also held in the order that, however, General category candidates would not have any such right to be considered against a reserved category post. The Court held that, in the support the principle law laid down by the Supreme Court, rejection of the petitioner’s candidature/appointment cannot be countenanced. Therefore, the petition was allowed and the impugned orders were set aside. [Jitendra vs. State of M.P., 2016 SCC OnLine MP 1681, Ordered on 20.07.2016]

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