The Supreme Court on Monday held that reserved category candidates who avail relaxation in qualifying exams can still be considered for general category posts if they perform better in the final merit list, provided recruitment rules do not prohibit such migration.
A bench of Justices PS Narasimha and Alok Aradhe set aside a Bombay High Court ruling that had denied this benefit. The Court said that relaxation in qualifying marks only affects eligibility and does not impact merit in the final selection process.
The case relates to teacher recruitment in Maharashtra. Candidates were required to pass the Teachers Eligibility Test (TET) and then appear for the Teachers Aptitude and Intelligence Test (TAIT), which determined final merit. While general category candidates needed 60% in TET, reserved category candidates were allowed 55%.
Some reserved category candidates who qualified with relaxed marks later scored higher than general category candidates in TAIT. However, they were not included in the general merit list, which led to the dispute.
The Supreme Court noted that the applicable recruitment rules did not bar such migration. It said that in the absence of an explicit prohibition, more meritorious candidates cannot be denied consideration under the general category.
The Court also referred to earlier judgments and clarified that such migration depends on the specific recruitment rules. If rules allow it, or are silent, migration is permissible.
It distinguished this case from earlier rulings where candidates did not meet basic eligibility criteria. Here, the candidates were eligible under valid relaxation rules.
The Court directed authorities to include in the merit list those candidates who scored higher than the last selected general category candidate.
The appeal was allowed
