OBC candidate can't migrate to Gen category: SC

An OBC candidate from another state cannot migrate to general category, despite having obtained higher marks in the recruitment test for teachers, as he has qualified the Central Teacher Eligibility Test (CTET) with relaxation in marks, the Supreme Court has said.

“Such concession would have a direct impact on standards of competence and merit in the recruitment of special education teachers. The principles of reservation under the Constitution are intended to be confined to a specifically earmarked category and the unreserved category must be protected, to avoid dilution of competence and merit,” a three-judge bench presided over by Justice R Banumathi said.

The court said better performance in the recruitment process would come to no avail to the reserved category candidate from other states and they would not be considered in general category as they secured less than the requisite marks in qualifying examination.

The bench, also comprising Justices A S Bopanna and Hrishikesh Roy, rejected a plea by group of candidates led by Pradeep Kumar who sought to be considered for the post of special teachers under the government of National Capital Territory in Delhi on the basis their higher marks in the recruitment test in comparison to the last candidate in general category.

“Their eligibility qualification (in CTET) is secured under relaxed norms meant for OBC category and therefore we do not think it is proper to consider them to be eligible for the general category vacancies and contention to the contrary is unacceptable,” Justice Roy, who authored the judgement, said.

The court allowed an appeal filed by the Delhi government against the high court as well as the Central Administrative Tribunal's directions to consider their candidature for the posts.

The court said their performance in the selection examination would be of no relevance since they have not secured the normal pass marks (60%) for the general category (in CTET).