A reserved category candidate is legally entitled for promotion and appointment against un-reserved vacancies on the basis of merit, the Orissa High Court ordered while stating that “if an individual meets the prescribed merit criteria, there is no justification for preventing them from being recruited or promoted to unreserved positions”.

“No law mandates reservation for general category candidates in public employment. Consequently, the issue of reserved category candidates occupying or being selected for the general seats does not arise. Since the concept of reservation does not apply to general category candidates/ the notion of them having “fixed seats” is inherently flawed.

Furthermore, numerous judgments have consistently affirmed that if an individual meets the prescribed merit criteria, there is no justification for preventing them from being recruited or promoted to unreserved positions

The relaxations provided are solely to ensure that reserved category candidates have a level playing field, which aligns with the intent of Article 16(4) of the Indian Constitution”, the single bench judge Dr. Justice Sanjeeb Kumar Panigrahi ruled in a judgment.

The Court specifically directed the concerned authorities to re-evaluate the promotion policies and promulgate appropriate rules to ensure the advancement of meritorious candidates, irrespective of their reservation status within one month.

The petitioner, Lalit Kumar Naik, one ST employee joined in Keonjhar district as an Amin in the year 2010 and was placed at serial number 7th in the gradation list whereas two other Amins of UR category who joined in the year 2012 were placed at serial number 20 and 21st.

Though the ST candidate was senior and fulfilled all the criteria for promotion to the post of Revenue Inspector, he was denied promotion on the ground that the post meant for UR category cannot be filled up by ST candidate. On such a basis junior UR candidates were given promotion.

The High Court has also relied upon several decisions of Apex Court which held that SC and ST Candidates selected in open competition on the basis of own merit will be treated as open competition candidates and they will not be counted against reserved quota. Moreover un-reserved posts in Govt. employment is not reserved for any category.

The denial of promotion on the premise that there exists an “excess number of reserved category candidates” represents a profoundly erroneous interpretation of the prevailing laws and inflicts egregious injustice upon meritorious candidates from the reserved category.