Unreserved Is ‘Open To All’: Reserved Candidates Can Fill ‘General’ Seats On Merit, Rules SC

In a landmark reaffirmation of constitutional equality, the Supreme Court on Friday ruled that candidates from reserved categories—Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC)—must be adjusted against unreserved seats if they secure higher marks than the general category cut-off. A bench comprising Justices MM Sundresh and Satish Chandra Sharma underscored that the “unreserved” category is not a private quota for the general population but an “open” pool available to every citizen based strictly on merit.

The judgment arose from a long-standing dispute involving a 2013 recruitment drive by the Airports Authority of India (AAI) for the post of Junior Assistant (Fire Service). The AAI had filled 122 unreserved

seats by including meritorious candidates from reserved backgrounds who had outperformed their general-category peers. This was challenged by an unreserved candidate on the waiting list, who argued that reserved candidates should be restricted to their specific quotas to allow more general-category applicants to be appointed. While the Kerala High Court had previously ruled in favour of the challenger in 2020, the Supreme Court has now set aside that decision, branding it a violation of the principles of equality.

Justice Satish Chandra Sharma, who authored the verdict, explained that this “Merit Induced Shift” is a mandatory requirement under Article 14 (equality before law) and Article 16 (equality of opportunity in public employment). The court clarified that when a reserved category candidate qualifies on the same standards as a general candidate—without availing themselves of concessions such as age relaxation or fee waivers—they must be treated as an “open” candidate. This ensures that the reserved quota seats remain available for the next most meritorious individuals within those specific categories, thereby fulfilling the dual constitutional goals of meritocracy and social justice.

The ruling provides much-needed clarity for recruitment boards across the country, particularly following recent contradictory interpretations by various high courts. By defining the unreserved category as a merit-based “open” pool, the apex court has sent a clear message: reservation is a tool for inclusion, not a mechanism to bar high-achieving individuals from competing for open positions. This decision is expected to have a far-reaching impact on upcoming national and state-level competitive examinations, ensuring that a “utopia of merit” remains the primary benchmark for public employment in India.