Title: The State of Tamil Nadu and others V. K Shobhana etc. Bench: Justice SK kaul, Dinesh Maheshwari & Hrishikesh Roy. Citation: LL 2021 SC 138
The supreme court has reiterated that the reservation category candidates who scored more than the cut off marks for general category students have to be adjusted against general category based on their married and not reserved category.
“ The principle that such of a reservation category candidates who make it on their own merit have to be adjusted against the general category candidates has not been in doubt”. The court observed in the case the state of Tamil Nadu and others v k Shobana extra referring to the several precedents.
Three judge bench comprising justice Sanjay Kishan Kishan call Dinesh Maheshwari and Hrishikesh Roy was considering an appeal filed by the state of Tamil Nadu against the judgement of Madras High court.
The issue in the case related the order of filing up of vacancies as per section 27 of of Tamilnadu government servants condition of service act 2016 the matter around us out of the direct recruitment process to the post of post graduate assistants and physical education directors grade-I.
The respondents in the case pointed out that some candidates would have got even selected even without the reservation was appointed in the quota for backlog vacancies under the categories of most backward classes and denotified communities they argued that such materials candidates or to have been appointed under general category living in the backlog vacancies to be file filled up by the reserved category candidates.