In a significant ruling on reservation law, the Supreme Court of India has clarified how vacancies under the unreserved category for persons with disabilities must be filled. The Court emphasised that merit cannot be compromised, even when candidates belong to different social categories.
Background of the Case
The dispute arose from a recruitment drive conducted by West Bengal State Electricity Transmission Company Limited for the post of Junior Engineer (Civil), where one vacancy was earmarked under the Unreserved category for Persons with Disabilities—Low Vision (PWD-LV).
A candidate from the unreserved category scored lower marks but claimed entitlement to the post. Meanwhile, another candidate from the OBC-A category, who also belonged to the PWD-LV category, secured significantly higher marks but was initially offered the position.
Read Also:- Supreme Court Quashes Criminal Case in Neighbour Dispute, Cites CCTV Evidence and Vague Allegations
The unreserved candidate challenged this appointment before the Calcutta High Court, arguing that the vacancy should go to an unreserved PWD-LV candidate if available.
The Single Bench of the High Court dismissed the plea, noting that the higher-ranked candidate deserved the post. However, the Division Bench reversed this decision.
The Division Bench held that if a qualified unreserved PWD-LV candidate was available, the vacancy must be filled by such a candidate, even if candidates from reserved categories had higher merit.
Hearing the appeal, the Supreme Court closely examined the nature of “unreserved” posts and the interplay between vertical (social) and horizontal (disability) reservations.
Read Also:- Supreme Court Quashes Criminal Case in Neighbour Dispute, Cites CCTV Evidence and Vague Allegations
The bench, led by Justice Nongmeikapam Kotiswar Singh, observed that unreserved posts are not tied to any specific social category.
“The concept of ‘unreserved’ does not denote a separate class. It is an open field where all eligible candidates can compete,” the Court explained.
It further clarified that when a post is reserved horizontally for a category like PWD-LV under the unreserved quota, it remains open to all candidates who meet that specific disability criterion—regardless of their social category.
The Court reiterated a settled principle: candidates from reserved categories can compete for unreserved posts based on merit.
“The most meritorious candidate among those eligible must be selected,” the bench noted, adding that denying such consideration would violate equality principles under Articles 14 and 16 of the Constitution.
Importantly, the Court rejected the High Court’s interpretation that the presence of an unreserved candidate blocks consideration of more meritorious candidates from reserved categories.
Read Also:- Kerala HC Accepts Apology but Cracks Down on Posts, Seeks Report in Major Tender Case
“The condition in the recruitment notification cannot be read to override merit,” the bench stated.
Setting aside the Division Bench’s ruling, the Supreme Court upheld the approach taken by the Single Bench.
It ruled that the higher-scoring candidate belonging to the OBC-A category, who also qualified under the PWD-LV category, was rightly entitled to the unreserved PWD-LV post on the basis of merit.
Case details
Case Title: The West Bengal State Electricity Transmission Co. Ltd. & Ors. vs. Dipendu Biswas & Ors.
Case Number: Civil Appeal No. 10262 of 2025
Court: Supreme Court of India
Judge: Justice Nongmeikapam Kotiswar Singh
