Bench affirms that “open” category is merit-based and not a closed quota, directing that reserved candidates scoring above the general cut-off must be considered in the unreserved list.
New Delhi, January 5, 2026: The Supreme Court of India on Monday ruled that candidates belonging to reserved category (such as SC, ST, OBC, and EWS) who obtain marks above the general (open) category cut-off in public recruitment examinations are entitled to be considered for open category posts. The judgment clarifies that the open category is not a quota restricted to non-reserved candidates but is genuinely “open” to all candidates on the basis of merit alone.
Court & Bench
A two-judge Bench comprising Justice Dipankar Datta and Justice Augustine George Masih delivered the judgment on January 5, 2026.
Background of the Case
The case originated from a recruitment process conducted by the Rajasthan High Court in 2022 for approximately 2,756 posts of Junior Judicial Assistant and Clerk Grade-II across the High Court, district courts, and allied institutions. The selection involved a written examination followed by a typewriting test. Candidates were shortlisted for the second stage based on category-wise cut-offs derived from the written test scores.
An anomalous situation arose when the reserved category cut-offs (for SC, OBC, etc.) were higher than the general category cut-off. As a result, several reserved category candidates who had scored above the general cut-off were excluded from the shortlist for the next stage, despite outperforming some candidates in the general category.
The candidates challenged this methodology before the Rajasthan High Court, which held that such meritorious reserved candidates should be considered in the open category list at the shortlisting stage. The High Court’s ruling was upheld by the Supreme Court in the present judgment.
Key Legal Issue
The central legal question was whether reserved category candidates who score above the general category cut-off must be excluded from open category consideration merely because they also qualify under a reserved category. The case raised constitutional issues under Articles 14 and 16 that guarantee equality before law and equal opportunity in public employment.
Supreme Court’s Ruling
The Supreme Court dismissed the appeal filed by the Rajasthan High Court administration and its Registrar General, thereby affirming the High Court’s directions. The Court held that:
- The general/open category is not a closed quota reserved for non-reserved candidates, it is open to all candidates on the basis of merit.
- A reserved category candidate who secures marks equal to or above the general cut-off without availing any reservation concession must be considered for the open category list at the shortlisting stage.
- The practice of excluding such candidates simply because they belong to a reserved category violates the principle of merit and constitutional guarantees of equality and non-discrimination.
The Court clarified that inclusion in the open category in such scenarios does not confer any undue “double benefit”, as the merit criteria are uniformly applied.
Court’s Reasoning
In its reasoning, the Supreme Court underscored that:
- The term “open” category signifies posts that are open to all candidates regardless of social group, and merit alone should determine eligibility.
- Reservation benefits come into play only when a candidate avails concessions such as age relaxation or reduced qualifying marks. Where no such concessions are availed, the reserved candidate’s superior performance means they are competing on equal footing with other candidates for open posts.
- Excluding high-scoring reserved candidates from the general list results in an infringement of Articles 14 and 16 by creating a compartmentalised system that discriminates based on category.
The judgment builds on earlier precedents, including Indra Sawhney v. Union of India (1992) and Saurav Yadav v. State of Uttar Pradesh (2021), which recognise the entitlement of meritorious reserved candidates to open category posts.
Practical Implications
- The decision has significant implications for recruitment processes in government and public sector jobs across India. It mandates that merit-based assessment must be prioritised even at intermediate stages of selection (such as shortlisting for subsequent tests).
- Recruitment authorities will need to revise merit lists to first allocate open category positions to all candidates (including those from reserved categories) who meet the open cut-off, before preparing reserved category lists from remaining candidates.
- The ruling is expected to reduce litigation arising from disputes over exclusion of meritorious candidates from open lists and reinforce uniform standards of equality and fair opportunity in public employment.
The judgment adds clarity on the entitlement of reserved category candidates scoring above the general cut-off to compete for open category posts on the basis of merit, affirming that the general category is not a quota closed to them.
