Reservation Benefit Cannot Be Claimed Retrospectively If Community Was Added To OBC List After Application Deadline Had Passed: Kerala HC

The Kerala High Court has held that a candidate who applied under the general category cannot later claim the benefit of reservation if their community was added to the OBC list after the application's last date.

A Division Bench comprising Justice A. Muhamed Mustaque and Justice Johnson John allowed a plea filed by Sini K.V., who challenged an order of the Kerala Administrative Tribunal (KAT) that had granted OBC status to another candidate, Minusha K.

Minusha had applied for the post of High School Assistant (Physical Science) as a general candidate in 2016. Her community, Mukhari/Moovari, was included in the OBC list only in 2018. She later updated her caste status in the PSC portal and sought reservation benefits, which the Kerala PSC rejected. However, the Tribunal held in her favour, observing that the reservation applies at the time of appointment.

Setting aside the Tribunal's order, the High Court noted that the eligibility for reservation must be determined as on the last date for applications to ensure equal opportunity for all. The Court relied on Supreme Court decisions, including Karn Singh Yadav v. State (NCT of Delhi)[(2024) 2 SCC 716], to hold that allowing changes after the cut-off date would prejudice similarly placed candidates and disrupt the recruitment process.

“Equal opportunity in public employment is a core constitutional value. One cannot steal a march over others by chance,” the Bench observed.

The Court allowed the original petition and quashed the Tribunal's direction, reinstating the petitioner's claim to the OBC vacancy.

Case Title: Sini K.V. vs. State of Kerala & Others Case Number: O.P. (KAT) No. 433 of 2024

Counsel for Petitioner:

P. Nandakumar, Vivek Vijayakumar, Merin K. Jimmy

Counsel for Respondents:

Senior Government Pleader A.J. Varghese (for the State)P.C. Sasidharan, Standing Counsel for Kerala PSC, Aswanth P.T.,Kaleeswaram Raj, Thulasi K. Raj, Aparna Narayan Menon, Chinnu Maria Antony, Manuel P.J,,Mansoor Ali

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