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anamika Patel   23 October 2021

query

what are the rights of a unreserved category person when his seats are taken by a reserved category person belonging to a creamy layers?


 4 Replies

Anusha Singh   23 October 2021

As per your query it is understood that you need information regarding the reservation of backward class.

General category seats can be claimed by anyone including members of the SC/ST/OBC groups on the basis of merit. But the applicant can’t avail relaxation (age, marks, etc ) and be accommodated in the general category. The Supreme Court in Deepa Ev vs Union of India, held that a candidate who has availed relaxation under the OBC category, attended the interview under OBC, can’t claim admission under the general category.

However, based on legal precedence, any SC/ST/OBC candidate who has applied and has been chosen in the open category on basis of merit without any relaxations shall not have any impact on reserved seats.

Apart from this if the open category seat is taken because of reservation then you can file a complaint to the higher authority and if still no action is taken then you can file a writ in the High Court.

Hope it helps!

 

Regards,

Anusha Singh

1 Like

Dr J C Vashista (Lawyer)     24 October 2021

Repeated query in experts club.

minakshi bindhani   24 October 2021

As per your illustrated query!

In Indira Sawhney v. Union of India,1992

A nine-judge bench in the Indira Sawhney case had upheld reservations for OBCs in 1992 but ruled that a creamy layer among the backward class of citizens must be excluded “by fixation of proper income, property or status criteria” by the central government. 

The court asserted that on these specifications, people falling in the creamy layer would not get the benefit of reservations. The Supreme Court also held that reservations in appointments under Article 16(4) of the Constitution do not apply to promotions.

However, it clarified that income from salaries and agricultural land will not be clubbed, and asserted that the income criteria in terms of rupee will be modified taking into account the change in its value every three years.

Further, the ceiling has been revised only four times since 1993, the last time it happened was in September 2017 when the cap was raised to Rs 8 lakh per annum.

You may file a writ petition against the matter.

Hope it helps
Regards
Minakshi Bindhani
1 Like

P. Venu (Advocate)     24 October 2021

Yes, a repeated query.


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