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Supreme Court: Reserved Candidates Above General Cutoff Belong in Open List at Shortlisting

The court clarified that open posts are available to all on merit, rejecting claims of a double benefit.

Overview

  • Justices Dipankar Datta and Augustine George Masih dismissed the Rajasthan High Court administration’s appeals, upholding a 2023 Division Bench ruling.
  • Recruiting bodies must prepare the open list strictly by merit before reserved lists and include reserved-category candidates who exceed the general cutoff at the shortlisting stage.
  • The Court directed revision of the Rajasthan recruitment merit lists and an opportunity for wrongly excluded candidates to take the typewriting test.
  • The bench rejected the “double benefit” argument and reiterated Indra Sawhney and R.K. Sabharwal principles that unreserved posts are open to all based on merit.
  • The ruling clarifies implementation for later stages by treating such candidates as general, with consideration under their reserved category only if final totals fall below the general cutoff.