ALOK KUMAR PANDIT versus STATE OF ASSAM & ORS.

ALOK KUMAR PANDIT versus STATE OF ASSAM & ORS.

A reserved category candidate adjudged more meritorious than open category candidates is entitled to choose the service, cadre, or post of his choice/preference within the reserved category and cannot be compelled to accept an inferior post; upon appointment to the preferred post, such candidate is not treated as appointed against the open category post.

Parties
Appellant: Alok Kumar Pandit; Respondents: State of Assam & Ors.
Jurisdiction
India
Judgment Date
26 November 2012
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Order
Outcome
Appeal dismissed
Legal Topics
Reservation, Choice/preference on Selection, Merit Vs Category, Appointment in Public Service, Reservation Policy
Service Law Reservation Choice/preference on Selection Merit Vs Category Appointment in Public Service Reservation Policy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Alok Kumar Pandit

Appellant

State of Assam & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Order

Legal Issues

  1. 1 Whether a reserved category candidate, adjudged more meritorious than open category candidates, is entitled to appointment in service/cadre/post of choice/preference against post earmarked for reserved category
  2. 2 Whether such candidate, while computing quota/percentage of reservation, should be treated as allotted a post in the open category

Ratio Decidendi

A reserved category candidate adjudged more meritorious than open category candidates is entitled to choose the service, cadre, or post of his choice/preference within the reserved category and cannot be compelled to accept an inferior post; upon appointment to the preferred post, such candidate is not treated as appointed against the open category post.

Court Disposition

Appeal dismissed

Orders

  • Questions answered in favour of upholding the High Court's view that more meritorious reserved category candidates are entitled to service/cadre/post of their preference within reserved category.
  • Parties left to bear their own costs.