SC says reserved category candidates who top cutoff must be treated as general

New Delhi: The Supreme Court on Friday reaffirmed a key principle in India’s reservation policy, ruling that candidates from reserved categories who score higher than the general category cutoff must be considered for unreserved (open) seats, not restricted to quota posts.

A bench of Justices M M Sundresh and Satish Chandra Sharma set aside a 2020 Kerala High Court ruling and clarified that the unreserved category is not a quota meant only for general candidates but an open pool based purely on merit.

“It is now a settled proposition of law that a candidate belonging to reserve category (SC, ST and OBC) who has scored marks higher than the cut off marks for the General Category is to be treated as having qualified against an open or unreserved vacant post,” the court said.

What the Supreme Court judgment means

The top court explained that this principle, known as “merit-induced shift,” ensures equality under Articles 14 and 16 of the Constitution, which guarantee equal opportunity in public employment. When a reserved category candidate qualifies on merit, their selection against an open seat allows reserved quota seats to go to the next most deserving candidates from that category.

Case origin and background

The case arose from a 2013 recruitment drive by the Airports Authority of India (AAI) for 245 Junior Assistant (Fire Service) posts. Of the 122 unreserved seats filled, several were taken by meritorious SC, ST and OBC candidates.

An unreserved candidate, Sham Krishna B, challenged the process, arguing that reserved category candidates should be confined to their quota seats. The Kerala High Court had earlier ruled in his favour and directed AAI to appoint him.

However, the Supreme Court overturned that decision, restoring the original selection process and reaffirming the constitutional principle of merit-based inclusion.