The court held that ladies from reserved category can compete within the open competition category within the 33% of women’s reservation within the government recruitment. As per the GR dated Lammas , 2018, women from the reserved categories were barred from open competition category of girls in government recruitment.
The court held that each one women, whether belonging to a reserved category or not, can compete for open competition category posts, while a lady , not belonging to the reserved categories, like OBC, SC or ST, aren't entitled to compete for posts reserved in favour of OBC (women), SC (women) and ST (women).
Relying on Supreme Court judgments, the HC bench reasoned that say, if the amount of SC candidates, who by their own merit, get selected to open competition vacancies, equals or maybe exceeds the share of posts reserved for SC candidates, it can't be said the reservation quota for SCs has been filled and therefore the entire reservation quota are going to be intact and available additionally to those selected under Open Competition category.
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For horizontal reservation, say for ladies , within vertical reservation categories of OBC, SC, ST, the HC laid down that “the proper procedure is first to refill the quota for Scheduled Castes so as of merit then determine the amount of candidates among them who belong to the special reservation group of ‘Scheduled Castes-Women”.
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