BHARAT SANCHAR NIGAM LIMITED & ANR. versus SANDEEP CHOUDHARY & ORS.

Citation: [2022] 4 S.C.R. 1002 · Decided: 28-04-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Dismissed

Cited by 1 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 4 S.C.R.
[2022] 4 S.C.R. 1002
1002
BHARAT SANCHAR NIGAM LIMITED & ANR.
v.
SANDEEP CHOUDHARY & ORS.
(Civil Appeal No. 8717 of 2015)
APRIL 28, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Constitution of India, 1950 – Arts. 14, 16 and 142 –
Reservation in employment – Whether in a case where the reserved
category candidates secured more marks than the general category
candidates, such reserved category candidates will have to be first
adjusted in the general category pool and they shall be considered
for appointment in the general category pool or against the
vacancies meant for reserved category candidates – Held: The
reserved category candidates securing higher marks than the last
of the general category candidates are entitled to get seat/post in
unreserved categories – Thus, two candidates belonging to OBC
category, were required to be adjusted against the general category
as they were more meritorious than the last of the general category
candidates – Consequently, after considering their appointments
in the general category, the seats meant for reserved category were
required to be filled in from the remaining reserved category
candidates on merit such as Respondent No. 1 – However, insertion
of the two OBC candidates into general category select list may
unsettle the entire selection process resulting in expulsion of two
general category candidates working since long – Therefore, to
strike a balance, the two candidates from OBC category must be
treated in general category seats and Respondent No. 1 shall be
appointed against the reserved category seats with the seniority
from the date of appointment of general category candidates – At
same time, the candidates already appointed in general category
shall not be removed – Constitution of India – Art. 142.
Words and Phrases – Difference between “horizontal
reservation” and “vertical reservation” explained.
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Dismissing the appeal, the Court
HELD: 1.1. Candidates belonging to any of the vertical
reservation categories are entitled to be selected in “open or
general” category and if such candidates belonging to reserved
categories are entitled to be selected on the basis of their
own merit, their selection cannot be counted against the quota
reserved for the categories that they belong. [Para 8.5]
[1018-G-H]
1.2. The reserved category candidates securing higher
marks than the last of the general category candidates are entitled
to get seat/post in unreserved categories. It is further observed
and held that even while applying horizontal reservation, merit
must be given precedence and if the candidates, who belong to
SCs, STs and OBCs have secured higher marks or are more
meritorious, they must be considered against the seats meant
for unreserved candidates. It is further observed that the 19
candidates belonging to reserved categories can as well stake
claim to seats in unreserved categories if their merit and position
in the merit list entitles them to do so. [Para 8.6][1019-A-C]
2. In the present case, the two candidates belonging to
OBC category, were required to be adjusted against the general
category as admittedly they were more meritorious than the last
of the general category candidates appointed and their
appointments could not have been considered against the seats
meant for reserved category. Consequently, after considering their
appointments in the general category, the seats meant for
reserved category were required to be filled in from and amongst
the other remaining reserved category candidates on merit such
as respondent No.1. If such a procedure would have been
followed, the original applicant – respondent No.1 would have
got appointed on merit in the reserved category seats in the
vacancy caused due to the above procedure. However, 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
BHARAT SANCHAR NIGAM LIMITED & ANR. v. SANDEEP
CHOUDHARY & ORS.
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SUPREME COURT REPORTS
[2022] 4 S.C.R.
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 – original applicant being a reserved category
candidate also gets accommodated, if he

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