By Special Correspondent
Bhopal: Engineer Sudhir Nayak, president of the Mantralaya Seva Adhikari Karmchari Sangh, on Saturday sought to clear widespread confusion arising from two recent Supreme Court judgments on reservation, which have been variously interpreted on social media and in sections of the press.
Nayak said two reports published in recent days appeared contradictory. One suggested that candidates from reserved categories who secure marks equal to general candidates can be considered for general seats, while the other stated that those who have availed reservation benefits cannot shift to general seats even after scoring equal marks. Both judgments were delivered by the Supreme Court within a short span — one in December 2025 in a Rajasthan case and another in January 2026 in a Karnataka matter.
Explaining the rulings, Nayak said there was no real contradiction. If a reserved category candidate applies under the reserved category but does not avail any concession at any stage — including age limit, educational qualification or preliminary examination — and secures marks equal to general candidates, such a candidate is entitled to a general category seat. However, if reservation benefits are availed at any stage of the selection process, the candidate must be treated as reserved category throughout, irrespective of final marks.
He noted that the court views recruitment as a continuous process, from application to final selection. Nayak added that while these rulings apply to direct recruitment, a similar principle should logically be examined in cases of promotion, a question that, he said, remains untested in court.
