If the selection is in the general category then the selection will not be counted in the reserve quota
The general category is not a quota, it is available to all classes: the Supreme Court
The Supreme Court has said that general category vacancies in government jobs are available for all classes. It also includes Backward Classes (OBCs), Scheduled Castes (SCs) and Scheduled Tribes (STs). A bench of Justice U U Lalit, Justice Ravindra Bhat and Justice Hrishikesh Roy said that transferring talented candidates from the reserved categories to the general category and then depriving them of selection for the job would be like ‘communal reservation’.
Selection will not be counted in the reserve quota if the selection is in the general category
Justice Lalit said in his and Justice Roy's written remarks, "Candidates from the reserved classes have the right to choose in the general category. It is also well accepted that if the candidates belonging to the reserved categories are entitled to be selected on the basis of their merits then their selection cannot be considered in the quota of the reserved category to which they belong. '
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No open category quota but available to everyone.
"The open category is not a quota but it is equally available to all women and men," Justice Bhatt said in a separate written consent decision. Participated in 2013 for selection of constables in Uttar Pradesh.
The court ruled on the application of a woman candidate
Sonam Tomar, a woman candidate in the OBC-women category, alleged that she got higher marks than the general category women candidate who got the job. The court said in its decision that the system would require the authorities to invalidate the entire selection process and direct the authorities to start all the exercises anew.
Instructions to issue a letter to the Government of Uttar Pradesh
The apex court said, ‘Considering the fact that the selected candidates have been trained and they are in the job at the moment and there are still enough vacancies available. That is why we are giving this relief. 'The court directed the state government to issue letters to all OBC women category candidates who got higher marks than the general category women candidates.
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