Jitendra Vs. State of M.P. and others

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 19727, 19731 of 2013, Judgment Date: Jul 20, 2016

In these petitions, the pivotal question needs consideration is whether a reserve category candidate is entitled to be considered for compassionate appointment against a General category post ? 

In the opinion of this court, the reserve category candidate is also entitled to be considered against a General category post. The only requirement is that such candidate should be eligible in all respect as if he is a general category candidate except the caste. In my view, the test should be that if reserve category employee is treated as General category candidate and he fulfills all eligibility, qualification, requirement, etc., he cannot be denied appointment against a General category post merely because he is a reserve category candidate. However, a General category candidate does not have any such right of consideration against a reserve category post.

In 1995 (2) SCC 745 (R.K. Sabharwal and others vs. State of Punjab and others), the Apex Court held as under: “When a percentage of reservation is fixed in respect of a particular cadre and the roster indicates the reserve points, it has to be taken that the posts shown at the reserve points are to be filled from amongst the members of reserve categories and the candidates belonging to the general category are not entitled to be considered for the reserved posts. On the other hand the reserve category candidates can compete for the non-reserved posts and in the event of their appointment to the said posts their number cannot be added and taken into consideration for working out the percentage of reservation.” (emphasis supplied)

Jitendra Vs. State of M.P. and others