Thursday, February 4, 2010

[ZESTCaste] Vacant SC/ST seats can’t go to general list: Apex court

http://timesofindia.indiatimes.com/india/Vacant-SC/ST-seats-cant-go-to-general-list-Apex-court/articleshow/5532872.cms

Vacant SC/ST seats can't go to general list: Apex court
Dhananjay Mahapatra, TNN, 4 February 2010, 02:21am IST

NEW DELHI: The Supreme Court has held that general category candidates
who crack competitive exams and get waitlisted cannot be accommodated
against seats belonging to the reserved category even if these are
lying vacant. The merit list for general category is just for that
category, the court has held in its fresh intervention in the
"merit-versus-social justice" debate.

The ruling came in a case relating to appointment of district judges
in the Delhi Judicial Services. It was alleged by aggrieved candidates
that after filling up the 13 posts notified for the general category,
there were vacancies in the reserved category posts which were not
filled and hence those on the top of the merit-cum-wait list be
considered for the same.

A Bench comprising Chief Justice K G Balakrishnan and Justices Deepak
Verma and B S Chauhan rejected the petitions, saying it would be
patently illegal to appoint persons in excess of the notified
vacancies.

"Any appointment made beyond the number of vacancies advertised is
without jurisdiction, being violative of Articles 14 and 16(1) of the
Constitution, thus a nullity, inexecutable and unenforceable in law,"
said Justice Chauhan, writing the judgment for the Bench.

"In case the vacancies notified stands filled up, process of selection
comes to an end. Waiting list etc cannot be used as a reservoir, to
fill up the vacancies which come into existence after the issuance of
notification or advertisement," the Bench said.

In the case in hand, only 13 vacancies for general category were
advertised, hence once that was filled up, there was no scope for
looking at the wait list for filling any vacancy arising in the
reserved category or otherwise, the Bench said. "The unexhausted
select list is meant to be consigned to record room," it said.

The Bench accepted the arguments of senior advocate A Mariarputham,
who appeared for the HC. He said, "thirteen vacancies of general
category were advertised: the same had been filled up according to
merit, therefore, selection process in that respect stood exhausted."

The HC had issued an advertisement on May 19, 2007, for 20 posts of
district judges of which 13 were for general category, three for SCs
and four for STs. All 13 general posts were filled up, but two posts
reserved for SCs and four posts meant for STs could not be filled up
due to non-availability of suitable candidates.


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