Yogesh Barthwal 11 May 2022

Reserved category candidate does not wish to migrate to general category

A reserved category candidate has secured more marks than the last selected general category candidate and is eligible to opt for a general category seat.

But, if the reserved category candidate does not wish to migrate to a general seat and opts for reserved seat only(for whatever reasons); Is it mandatory for him to migrate to a general seat?

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This discussion explores whether a reserved category candidate, who has scored higher than the last selected general candidate and is thus eligible for a general seat, can refuse to migrate. The core question is whether such a candidate has the fundamental right to choose to remain in their reserved category seat, even if it means foregoing a more advantageous general category position based on merit.

3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 11 May 2022

Reserved Category Candidates Are Entitled to General Seats on the Basis of Merit. There is no law prescribing reservation for general category candidates in public employment and therefore there's no question of reserved category candidates being selected against “their seats”.