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Conducting Separate Interviews For General And Reserved Category Is Wholly Illegal: SC [Read Judgment]

By LawStreet News Network      19 September, 2019 10:55 AM      0 Comments
Conducting Separate Interviews For General And Reserved Category Is Wholly Illegal: SC [Read Judgment]

The Supreme Court on September 17, 2019, in the case of Pradeep Singh Dehal v. State of Himachal Pradesh & Ors., has observed that the process of conducting separate interviews for general and reserved category candidates is wholly illegal.

A Division Bench comprising of Justice L. Nageswara Rao and Justice Hemant Gupta was hearing an appeal filed against the Himachal Pradesh High Court order whereby it allowed a writ petition filed by a candidate challenging the appointment of the appellant, who was appointed against the post meant for OBC category.

While hearing the appeal, the court observed that separate interviews were conducted in respect of appointment to the post of Assistant Professor in the Department of Education in the International Centre for Distance Education and Open Learning, Shimla.

The court said: “We find that the process of conducting separate interviews for the posts of Assistant Professor under general category and OBC category is wholly illegal. Though, none of the parties have raised any dispute about it but since the same is inherently defective, we are constrained to observe so. Every person is a general category candidate. The benefit of reservation is conferred to Scheduled Castes, Scheduled Tribes and OBC category candidates or such other category as is permissible under law. It is a consistent view of this Court starting from Indra Sawhney & Ors. v. Union of India & Ors. that if a reserved category candidate is in merit, he will occupy a general category seat.”

Referring to a judgment in Vikas Sankhala v. Vikas Kumar Agarwal, the court observed that reserved category candidate can be treated as unreserved category candidate provided such candidate did not avail any other special concession.

In view of the above facts, the court concluded that the selection process conducted by the University cannot be said to be fair and reasonable. Consequently, it directed the University to reexamine the selection process by constituting an Expert Committee.

[Read Judgment]

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