Tripurari Sharan and Anr. V. Ranjit Kumar Yadav & Ors.
Civil Appeal No. 158 OF 2018
January 18, 2018
Mohan M. Shantanagoudar, J.
The seat which remained unfilled because of migration/shifting of a Meritorious Reserved Candidate (MRC) to the reserved category should be filled up by the candidates from the general category list in as much as the MRC virtually shifts himself to the reserved category.
Further, it was contended that such seat should continue to be filled up by the ousted candidates at the bottom of the reserved category list, in view of the fact that the MRC continues to be a general category candidate.
This court has repeatedly including the judgment in the case of Indira Sawhney & Ors v. Union of India, 1992 Supp (3)SCC 217, has concluded that the aggregate reservation should not exceed 50%. Therefore, even when a MRC opts for a seat reserved for reserved category candidates, caution has to be exercised to maintain the reservation to 50%.
By treating a MRC as a general category candidate, the number of reserved seats remains the same, and reservations do not exceed 50%. This is also consistent with the principles of equity.
A MRC can opt for a seat earmarked for the reserved category, so as to not disadvantage him against less meritorious reserved category candidates. Such MRC shall be treated as part of the general category only.
Due to the MRC’s choice, one reserved category seat is occupied, and one seat among the choices available to general category candidates remains unoccupied. Consequently, one lesser-ranked reserved category candidate who had choices among the reserved category is affected as he does not get any choice anymore.
To remedy the situation i.e. to provide the affected candidate a remedy, the 50th seat which would have been allotted to X – MRC, had he not opted for a seat meant for the reserved category to which he belongs, shall now be filled up by that candidate in the reserved category list who stands to lose out by the choice of the MRC.
This leaves the percentage of reservation at 50% undisturbed.
Sarvesh Kumar Shahi
CRO (LAW), HSLA