The Supreme Court held that reserve category candidates who score above the cut-off mark for open category candidates cannot be denied equality of treatment merely on account of their caste or community.
The Rajasthan High Court had advertised 2756 vacancies for Junior Judicial Assistants, involving a written test followed by a typewriting test. Several reserved candidates outscored general candidates. The reserved candidates were excluded because their marks were lower than their specific reserved category’s cut-off. The Division Bench of the High Court held that the general category list for qualifying examination should include meritorious candidates of the reserved categories to avoid discrimination against them.
The Supreme Court upheld the High Court’s judgement. It held that the “Open” category was not a quota and was accessible to all based on merit. Exclusion of such candidates violates the principles of equality, as merit remains the primary benchmark for unreserved posts.
Rajasthan High Court v Rajat Yadav
19 December 2025
Citations: 2025 INSC 1503 | 2025 SCO.LR 12(5)[25]
Bench: Justices Dipankar Datta and A.G. Masih
Case Comment
It was observed that while reservation may involve preferring a less meritorious candidate, it does not require confining a more meritorious reserved category candidate to his own slot, for such confinement would amount to impermissible discrimination.
What is fair for reservation is unfair for general category. A general category candidate with more marks cannot find place in the list because the seat is reserved for candidate with less marks and vice versa does not hold.
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Key words/phrases: The Rajasthan District Courts Ministerial Establishment Rules, 1986—Recruitment to the post of Junior Judicial Assistant/Clerk Grade-II—Reservations—Cut-off marks for reserved candidates higher than general candidates—Reserved candidates who outperformed general candidates denied selection—High Court declares exclusion discriminatory—Supreme Court upholds judgement.
Read the Judgement here.