General Category Is Open To All Meritorious Candidates, Regardless Of Them Falling In Reserved Or Unreserved Category: Gujarat High Court

The Gujarat High Court has held that a reserved category meritorious candidate should be allowed to merge in the class of unreserved category because of his own merits, as depriving such candidate from securing a birth in the unreserved category results into communally dividing a homogeneous class of meritorious candidates. The petitioners further prayed that a fresh merit list of candidates for appearing in the main examination should be prepared by calling upon three times the candidates of each category without including candidates of the reserved category in general category for the purpose of recruitment. The petitioners submitted that the respondents, rather than calling three times the number of candidates category wise, have included candidates belonging to the reserved category in the general category as well. In the first scenario, which was sought by the Petitioners, the Recruitment Board would not have to consider reserved category candidates in General category, though meritorious. The argument on behalf of the State is that policy of reservation has not been given a go-bye and the concept of reservation in tandem with merit has been followed keeping in mind that as per the Rules when qualifying standards are same for the preliminary examinations and the main examinations, then, there is no separate category like General Category and Reserved Category and persons belonging to all categories as Open Category candidates are called and find their place on the list who are otherwise qualified."