The Hon’ble Supreme Court in the matter “Bharat Sanchar Nigam Limited &Anr. Versus Sandeep Choudhary&Ors., Civil Appeal No.8717 of 2015” while dealing with an appeal filed by Bharat Sanchar Nigam Limited (BSNL) against an order of the Rajasthan High Court has held that the selection of the two reserved category candidates was required to be adjusted against the general category candidates since they had scored more than the last ranked person of the general category.
In the instant case, Respondent No. 1, a reserved category candidates, had applied for post of Telecom Technical Assistants (TTAs). The appointment was to be made by way of direct recruitment. There was total twelve seats including five for general, four for OBC, two for SC and one for ST. The qualifying percentage for candidates of general category was 40%and the qualifying percentage for candidates of reserved category was 33%. In that exam, no person from general category candidate got more than 40% marks. Vacancies of General Category remain unfilled and therefore, BSNL issued circular and relaxed the qualifying percentage by 10%. Consequently, twomeritorious candidates who were earlier selected onOBC category seats became eligible for General Category seats along with other three candidates of General Category and the Respondent who was in OBC waiting list became eligible for OBC category seat. But, instead of adjusting the seats, BSNL selected the five candidates from General Category.
The question before the Court was whether reserved category candidates who secured more marks than the general category candidates will have to be first adjusted in the general category pool and be considered for appointment in the general category pool or whether they should only be considered for the appointment upon vacancies meant for reserved category candidates?
The Hon’ble Supreme Court by pointing out the various decisions made in Indra Sawhney Vs. Union of India, 1992 (3) SCC 217; R.K. Sabharwal Vs. State of Punjab, (2007) 8 SCC 785; and Rajesh Kumar Daria Vs. Rajasthan Public Service Commission, (2007) 8 SCC 785, held that:
“Two candidates, namely Mr. Alok Kumar Yadav and Mr. Dinesh Kumar, will have to be adjusted against the general category candidates and accordingly respondent 20 No.1 being a reserved category candidate and being at Sr. No.1 in the waiting list of the reserved category was to be appointed, However, at the same time, it cannot be disputed that by reshuffling and on insertion of two OBC candidates into general category select list, two general category candidates already appointed shall have to be expelled and/or shall have to be removed, who are working since long and it may unsettle the entire selection process. Therefore, to strike a balance and to ensure that the two general category candidates, who are already appointed will not have to be removed and at the same time, respondent No.1 – the original applicant being a reserved category candidate also gets accommodated, if he is so appointed, in exercise of the powers under Article 142 of the Constitution of India, we propose to pass an order that on reshuffling and on respondent No.1 – original applicant being appointed now against the reserved category seats and while the aforesaid two candidates, namely, Mr. Alok Kumar Yadav and Mr. Dinesh Kumar, belonging to reserved category, to be treated in the general category seats, two candidates already appointed and belonging to general category shall not be removed. However, respondent No.1 shall get the seniority from the date the general category candidates were appointed, who were having lesser merit than the aforesaid two reserved category candidates, namely, Mr. Alok Kumar Yadav and Mr. Dinesh Kumar.”
