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WOMEN OBC CANDIDATES ELIGIBLE FOR GENERAL CATEGORY VACANCIES

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WOMEN OBC CANDIDATES ELIGIBLE FOR GENERAL CATEGORY VACANCIES

20TH DECEMBER 2020

The Hon’ble Supreme Court held that the women candidates, who are entitled to the caste-based reservation, can also fill open category vacancies.

The Petitioner was filed by the applicants, who are women belonging to the Other Backward Classes and Scheduled Caste categories, complained that the state had not correctly applied the rule of reservation, and denied such OBC and SC women candidates the benefit of migration, adjustment in the general category vacancies.

The Supreme Court observed that in Uttar Pradesh, no law or rule mandates reservation for women. However, the government order which was issued applies to all posts on 26.2.1999, according to which the only stipulation concerning the treatment of horizontal reservation for women is that in case a woman candidate is selected, she would be accommodated against the appropriate social category she belongs to (SC/ST/OBC/OC). However, no rule or direction prohibits adjusting socially reserved categories of women in the general category or open category.