explaining the term as adjustment
of a reserve category candidate in
the unreserved category based on
his/her merit.
67. Here, we do not see reason to
agree with Mr. Gupta that any shift
or adjustment, or even migration
as he contends, as such is
required where a candidate, who
is also otherwise entitled to
compete and be selected for a
reserved vacant post, happens to
outscore, outperform and outshine
not only reserved candidates but
also general candidates and
figures at the top of the list of
successful candidates prepared
after a qualifying/preliminary
examination (for
screening/shortlisting) solely by
dint of the marks secured by
him/her in such examination
(without availing any
concession/relaxation) thereby
entitling him/her to participate in
the second tier of a further
suitability test. Such a meritorious
candidate, notwithstanding that
he/she belongs to a reserved
category, be it Scheduled Caste or
Scheduled Tribe or Other
Backward Class, must of necessity
(arising out of the concept of
equality before law and equal
protection of the laws in Article 14,
and extended to Article 16 in
matters of public employment) be
treated as a candidate who has
competed for the ‘unreserved’
category and not the ‘reserved’
category, thereby obviating the
need for any ‘migration’ or, so to
say, shift or adjustment.
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