However, a General category candidate does not have any such right of consideration against a reserve category post, the Court clarified.
The High Court of Madhya Pradesh has held that a reserve category candidate is entitled to be considered for compassionate appointment against a General category post. Justice Sujoy Paul observed that appointment/candidature of reserved category candidate cannot be rejected solely on the ground of non-availability of reserve category post as per reservation roster.The Court has however clarified a General category candidate does not have any such right of consideration against a reserve category post.
Jitendra’s appointment was cancelling for the sole reason that, as per the reservation roster, no post in “SC category” was lying vacant. Deepa Mehroliya’s claim for compassionate appointment was denied on the ground that as per roster, no post in ST category is lying vacant. Both approached the High Court challenging this stand.
Referring to R.K. Sabharwal and others vs. State of Punjab and others, the Court allowed the Writ petitions and observed: “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 fulfils 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.”
Read the Judgment here.