By: Ankita Kulkarni
August 27 2020
Candidates who have availed relaxations under the reserved category cannot be migrated to the general category later.
Candidates who have availed relaxations under the reserved category cannot be migrated to the general category later.The previous judgments passed by the Supreme of India have stated that if a candidate has availed the standard relaxations given to the reserved category of SC, ST, and OBC, an individual cannot seek accommodation in general category seats in further days. Article 16(4) of the Indian Constitution empowers the state to give reservation in appointments to any backward class of citizens, which in its opinion, is not adequately represented in the services. Some of the judgments have also issued that if any person from reserved categories is selected based on merits in open competition with general category candidates, that person would not be adjusted towards the reserved category. While a candidate who is admitted to the educational institution based on his merit from an open competition, the applicant will be given an option to take admission in the colleges where a specified number of seats have been kept for the reserved category. Although in the process of computing the percentage of reservation, he will be admitted as an open category candidate and not as a reserved category candidate. Suppose a candidate has not availed any relaxation provided to the reserved category despite belonging to the backward classes. In that case, that person can claim the seats available for the general merit category.