Archive · 22 Aug 2026
Supreme Court Clarifies Better Posts for Merit-Selected Reserved Candidates
The Supreme Court is examining how government jobs should be assigned to reserved-category candidates who score highly.
A reserved-category candidate can be selected in the open category if they earn enough marks without using reservation-related relaxation.
The Court said such a candidate may still be considered for a better reserved-category job.
This can happen if they scored more than another reserved-category candidate who received that better job.
The dispute involves four candidates from a Jharkhand civil-service examination.
They said they received less-preferred services even though some candidates with lower marks received the Administrative Service.
The State and the recruitment commission have been asked to explain whether the four candidates used any relaxation.
The Court will continue hearing the case in August 2026.
The Supreme Court said reserved-category candidates selected on open merit may be considered for better reserved-category posts.
The principle was reaffirmed while hearing petitions linked to Jharkhand’s 6th Combined Civil Services Examination.
Four petitioners said lower-scoring reserved candidates received the preferred Jharkhand Administrative Service while they received other services.
The Court ordered Jharkhand and the JPSC to clarify within six weeks whether the petitioners used any relaxation.
The case will next be heard on August 25, 2026, including a question about shifting candidates between open and reserved posts.
- Who
- A Supreme Court bench of Justice MM Sundresh and Justice Prasanna B Varale is hearing petitions by reserved-category candidates against Jharkhand and the Jharkhand Public Service Commission.
- What
- The Court reiterated that a reserved-category candidate selected on open merit may be considered for a better reserved-category post if they scored more than a candidate already assigned that post.
- When
- The clarification was made during the current proceedings; the next hearing is scheduled for August 25, 2026, after a six-week period for an affidavit.
- Where
- The matter is before the Supreme Court of India and concerns service allocation following Jharkhand’s 6th Combined Civil Services Examination.
- Why
- The petitioners challenged being assigned less-preferred services while lower-scoring reserved-category candidates were assigned the Jharkhand Administrative Service.
Petitioners’ Position
State and JPSC Position
Access to better service
Petitioners’ Position
The petitioners argued that their higher marks and selection in the open category should not prevent them from being considered for the more desirable Jharkhand Administrative Service when lower-scoring reserved-category candidates received it.
State and JPSC Position
The State and JPSC relied on the applicable recruitment policy and Clause 8, under which candidates treated as open-category candidates were allocated services according to the relevant open-category selection process.
Use of relaxation
Petitioners’ Position
The petitioners maintained that they were selected in the open category on merit and argued that this treatment disadvantaged them in service allocation.
State and JPSC Position
The respondents argued that the petitioners had used some form of relaxation, an issue the Supreme Court said was not supported by material presently before it and ordered the State and JPSC to clarify.
Reassignment between categories
Petitioners’ Position
The petitioners’ arguments support consideration of their higher marks for a preferred reserved-category post.
State and JPSC Position
The Court has separately asked what would happen to an unreserved candidate if a reserved-category candidate moved from the open category back to a reserved post of their choice.
- Bench
- Justice MM Sundresh and Justice Prasanna B Varale
- Examination
- 6th Combined Civil Services Examination conducted by the Jharkhand Public Service Commission
- Key precedent
- Union of India v. Ramesh Ram, reported as (2010) 7 SCC 234
- Petitioners
- Four reserved-category candidates who were not allotted the Jharkhand Administrative Service
- Highest listed petitioner score
- Sanjay Kumar Mahto scored 621 out of 1,150 marks
- Administrative Service open-category cutoff
- The last selected open-category candidate scored 631 marks
- Next hearing
- August 25, 2026