Summary
The Supreme Court held that open merit vacancies must first be filled irrespective of community, followed by reserved backlog vacancies and then current reserved vacancies. Section 27(f)’s priority for backlog operated within reservation, not before selection to the General Turn. Meritorious MBC/DNC candidates could not be charged against backlog seats merely because of their community. The Court affirmed the High Court’s correction of the recruitment list, leaving the larger Tamil Nadu reservation-ceiling controversy outside this decision.
Issues
- Whether backlog-priority language required meritorious reserved-category candidates to be allocated to backlog seats before open merit vacancies.
Provisions considered
- Section 27(f), third proviso, Tamil Nadu Government Servants (Conditions of Service) Act, 2016Backlog priority applies after open merit selection and before current reserved vacancies are filled. (¶ 23-28)
Held
- Reserved-category candidates selected on their own merit belong in the open merit list and do not consume the respective reserved quota. Section 27(f) could not negate this principle. (¶ 23-25)
- The proper sequence was open merit first, then reserved backlog, then current reserved vacancies. The word first retained effect within the reservation stage. (¶ 27-28)
- The resulting increased number of MBC/DNC appointees did not infringe other quotas in this controversy. The larger issue of reservation beyond fifty per cent in Tamil Nadu was expressly not decided here. (¶¶ 29, footnote 10)
Result
State appeals dismissed; High Court’s interpretation and correction of the selection maintained. Parties to bear their own costs.