Candidates earlier selected against a reserved category seat, can later shift to open category

As Quoted by Justice Uday Umesh Lalit, “With the availability of additional posts, in re-working exercise, if the candidates who were already selected against reserved posts were entitled to be considered against open category posts, that exercise cannot be termed as illegal or invalid on any count. These 3295 posts were part of the same selection process initiated in 2013 for filling up 41610 posts and as such the adjustment was rightly done by the State.

It was not the grievance of the candidates that any candidate who had secured marks lesser than him, has been selected. The challenge is to the shifting of candidates, who were earlier selected against posts meant for reserved categories, to the open category.

Selection in respect of 3295 posts was undertaken per the directions issued by the Supreme Court and the State Government and its functionaries were obliged to go strictly in order of merit and apply the principle of reservation. With the availability of additional posts, in the re-working exercise, if candidates, already selected against reserved posts were entitled to be considered against open category posts, that exercise cannot be termed as illegal or invalid. Posts of being of the same selection process, an adjustment was rightly done by State