Holding

A candidate who secures CTET qualification under the relaxed pass marks for the OBC category, without a Delhi OBC certificate, cannot be considered for OBC reserved posts nor migrate to the unreserved category unless he/she attains the normal 60% CTET marks required for general‑category eligibility.

Summary

The Delhi government advertised vacancies for Special Education Teachers requiring CTET qualification. Several OBC candidates from other states obtained CTET marks by availing a 5% relaxation in the pass criteria and applied for the OBC reserved posts, but were rejected because they did not possess a Delhi‑issued OBC caste certificate. They challenged the rejection before the Central Administrative Tribunal, which ordered their appointment on the basis of merit in the unreserved category; the Delhi High Court upheld that order. On appeal, the Supreme Court examined whether such candidates could be considered for OBC posts or migrate to the unreserved category despite having qualified under relaxed norms. Relying on Office Memoranda dated 01‑07‑1998 and 04‑04‑2018, the Court held that relaxation in qualification standards binds the candidate to the reserved vacancy and bars migration to the general category unless the candidate secures the normal 60% CTET marks. Since the respondents neither had Delhi OBC certification nor the required 60% marks, they were ineligible for both OBC and unreserved posts. Consequently, the Court set aside the High Court judgment and allowed the appeal.

Issues considered

Whether OBC candidates who obtained CTET qualification with a 5% relaxation in marks, but without a Delhi‑issued OBC certificate, are eligible for OBC reserved vacancies in Delhi.
Whether such candidates can migrate to and compete for unreserved category vacancies despite having qualified under relaxed norms.

Subjects

ReservationOBCCTETRelaxation of pass marksMigration to unreserved categorySpecial Education Teacher recruitmentOffice MemorandaMeritCompetence

Judgment

1056 [2019]REPORTS
SUPREME COURT 13 S.C.R. 1056 [2019] 13 S.C.R.

A GOVT. OF NCT DELHI & ORS.
v.
PRADEEP KUMAR & ORS.
(Civil Appeal No. 8259 of 2019)
B
OCTOBER 24, 2019
[R. BANUMATHI, A. S. BOPANNA AND
HRISHIKESH ROY, JJ.]
Service Law:
C
Recruitment – Of Special Education Teachers – In the NCT
of Delhi – Essential qualification wherefor inter-alia was Central
Teacher Eligibility Test (CTET) – For reservation in OBC Category,
the recruitment advertisement required such candidates to possess
caste certificate issued by Govt. of Delhi – Respondents/candidates,
D who had CTET qualification by availing 5% relaxation in the
qualifying marks in the CTET from their respective States (not Delhi)
applied under reserved category of OBC and appeared in written
test – They were denied candidature as not eligible because they
were CTET qualified as OBC outsider, and not from Delhi – Original
E Application against the order rejecting their candidature was
allowed by Central Administrative Tribunal directing the authorities
to appoint the candidates by considering their merit position in the
unreserved category – Tribunal’s order was upheld by High Court
– Appeal to Supreme Court – Held: Since the candidates are not
F certified as OBC by Govt. of NCT of Delhi they cannot be considered
eligible in the OBC category – They also cannot be considered
against unreserved category because there is an express bar under
Office Memoranda on migration to unreserved category of those
reserved category candidates, who had availed of relaxation in the
G qualification.
Reservation – Principles of reservation under the Constitution
are intended to be confined to a specifically earmarked category
and the unreserved category must be protected to avoid dilution of
competence and merit.
H
1056
GOVT. OF NCT DELHI & ORS. v. PRADEEP KUMAR & ORS. 1057

Allowing the appeal, the Court A
HELD: 1. For reservation in the OBC category under
Clause 6 (iii) of Advertisement No.1/13, the OBC candidates were
required to be in possession of caste certificate issued by the
Govt. of Delhi only. Therefore, in the Delhi recruitment process,
the respondents did not possess OBC (Delhi) certificate and thus B
they could not be considered for the OBC category vacancies.
Further, as per the CTET guidelines, unreserved candidates are
required to obtain 60% marks to qualify in the CTET. Since the
Respondents obtained less than 60% in CTET, their candidature
could be valid only under the OBC category. However due to
absence of certificate of OBC status by Government of NCT, C
Delhi and by virtue of clause 6(iii) of the recruitment
advertisement which bars reservations to outsider OBC, the
Respondents are ineligible for the applied post. They may
however compete against the unreserved vacancies, if they pass
CTET with minimum 60% marks. Admittedly, none of the D
Respondents are certified by the GNCT of Delhi as OBC and
neither do they possess the requisite 60% marks in CTET for
qualification for the one-tier exam, as per the Advertisement.
An OBC candidate not certified in the State/Territory outside of
Delhi cannot be eligible to avail of employment in reserved
category posts earmarked for OBCs who are certified by the Delhi E
Government. [Paras 14, 15, and 23][1064-B-F; 1067-F]
2. The OMs dated 01.07.1998 and 04.04.2018 issued by
the Department of Personnel & Training issued specific
instructions to the effect that when a relaxed standard is applied
in selecting a reserved category candidate, in age limit, F
experience, qualification, additional chances in written
examination etc., such candidates will be counted against
reserved vacancies. There is an express bar on migration to the
unreserved category of those reserved category candidates who
had availed of relaxation including those for qualification. The G
prescription of the eligibility qua CTET, in the advertisement,
will therefore have to be understood bearing in mind, the contents
of the OM dated 01.07.1998. To apply the advertisement in the
present facts will not be correct. The same OM dated 01.07.1998.

H
1058 SUPREME COURT REPORTS [2019] 13 S.C.R.

A There is an express bar on migration to the unreserved category
of those reserved category candidates who had availed of
relaxation including those for qualification. The prescription of
the eligibility qua CTET, in the advertisement, will therefore have
to be understood bearing in mind, the contents of the OM dated
01.07.1998. [Paras 21.1 and 22][1066-B-C; 1067-C-D]
B
Deepa EV v Union of India (2017) 12 SCC 680 – relied
on.
3. In the present case, the candidates (i.e. the respondents)
belong to States other than Delhi. Being OBC (outsiders), they
C could have been considered only under the unreserved category
if they secure at least 60% marks in the CTET. The respondents
admittedly did not secure 60% and thus were ineligible.
[Para 23][1067-E]
4. The respondents are competing for general category
D vacancies. All others in this group have obtained their CTET
eligibility qualification, securing the normal pass marks without
availing any relaxation of pass norms. On the other hand, the
respondents despite their lesser marks in the CTET examination,
could qualify only because they availed the relaxation benefits as
OBC category examinees. Their eligibility qualification is secured
E under relaxed norms meant for OBC category and therefore it is
not proper to consider them to be eligible for the general category
vacancies. [Para 24][1067-G-H; 1068-A]
5. The respondents with their CTET qualification under
relaxed norms would be eligible for OBC category posts provided
F their OBC status is certified and recognized by the Delhi
Government. But such not being the case, they are ineligible for
the reserved category vacancies. To allow them to migrate and
compete for the open category vacancies would not be
permissible simply because, they have secured the CTET
G qualification with relaxation of pass marks meant for those
belonging to the OBC category. As the respondents have not
secured the normal pass marks for general category, their
eligibility for the general category vacancies is not secured.
Therefore, their performance in the selection examination would
be of no relevance, in the present process. [Para 25][1068-D-E]
H
GOVT. OF NCT DELHI & ORS. v. PRADEEP KUMAR & ORS. 1059

6. The present case concerns qualifications obtained with A
concession in pass marks. Such concession would have a direct
impact on standards of competence and merit in the recruitment
of Special Education Teachers. The principles of reservation
under the Constitution of India are intended to be confined to a
specifically earmarked category and the unreserved category
must be protected, to avoid dilution of competence and merit. B
[Para 26] [1068-D-E]
Vikas Sankhla & Ors. V. Vikas Agarwal & Ors. (2017)
1 SCC 350 : [2016] 7 SCR 639 – distinguished.
Case Law Reference C
[2016] 7 SCR 639 distinguished. Para 6
(2017) 12 SCC 680 relied on. Para 22
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8259
of 2019.
D
From the Judgment and Order dated 21.01.2019 of the High
Court of Delhi at New Delhi in W.P. (C) No. 557 of 2019.
Ms. Madhavi Diwan, ASG, R. Bala Subramanium, Sr. Adv.,
Mahaling Pandarge, Ayush Puri, B. V. Balaram Das, Advs. for the
Appellants.
E
Ms. Aishwarya Bhati, Sr. Adv., Sachin Chauhan, Ms. Chitrangda
R., Celeste Agarwal, Nitin Chaudhary, R. C. Kaushik, Advs. for the
Respondents.
The Judgment of the Court was delivered by
HRISHIKESH ROY, J. F
1. Leave granted.
2. Heard Ms Madhavi Divan, Learned Additional Solicitor General
of India representing the appellants. The Learned Senior Counsel
Ms Aishwarya Bhati, represents the contesting Respondent Nos. 2-6.
G
The respondents and few others had filed the O.A. No. 1047 of 2014
before the Central Administrative Tribunal (CAT) and the same was
allowed on 20.08.2018 (Annexure P/5). The resultant challenge by
the appellants was dismissed under the impugned order of the High
Court of Delhi in the Writ Petition (C) No. 557 of 2019, which has led to
the present appeal. H
1060 SUPREME COURT REPORTS [2019] 13 S.C.R.

A 3. The matter pertains to the recruitment of Special Education
Teachers under the Govt. of NCT of Delhi. The Advertisement No.
01/2013 (Annexure P/1) was issued by the Delhi Sub-ordinate Services
Selection Board where, for the vacancies of Special Education Teachers
against Post Code 01/13, the following essential qualifications were
stipulated:-
B
“............................................................................................
i) Graduate with B.ED (Special Education) or B.ED. with a two
years Diploma in Special Education or Post Graduate Professional
Diploma in Special Education or any other equivalent qualification
C approved by Rehabilitation Council of India.
ii) Central Teacher Eligibility Test (CTET) conducted by Central
Board of Secondary Education (CBSE).
............................................................................................”
4. The respondents had obtained the CTET i.e. Central Teacher
D Eligibility Test qualification, under the relaxed pass norms for the OBC
category, in States other than Delhi. They offered their candidature for
the vacancies in Delhi and appeared in the recruitment test. But their
candidature were held to be not-eligible, through the office order dated
19.02.2014 (Annexure P/2). The ground mentioned in the order is that
E the applicants are “CTET qualified as OBC but OBC outsider”.
5.1 Aggrieved by the above decision of the Delhi Sub-ordinate
Services Selection Board, the Original Applicants (9 in number), together
filed the OA No. 1047 of 2014 before the CAT. The Applicants who
belong to the OBC Category had acquired the CTET qualification by
availing 5% relaxation in the qualifying marks in the CTET, from their
F
respective States but had participated in the written examination
conducted for the vacancies in Delhi. Before the CAT, the Original
Applicants projected that they secured more marks than the last selected
candidates under the General Category and yet, their candidature was
rejected notwithstanding the fact that claim for selection is based entirely
G on the basis of their performance in the recruitment test.
5.2 However, the Govt. of NCT of Delhi, on the other hand
contended before the Tribunal that for claiming benefits intended for the
OBC Category vacancies in Delhi, the OBC Certificate must be issued
by the Government of Delhi. Since respondents are not recognized as
OBC in Delhi, they cannot claim eligibility qua the CTET criterion, with
H
lower pass marks, in the CTET examination.
GOVT. OF NCT DELHI & ORS. v. PRADEEP KUMAR & ORS. 1061
[HRISHIKESH ROY, J.]

6. The Tribunal considered the rival contention and observed that A
rejection of the candidature of the Original Applicants would mean that
the appellants do not recognize the CTET qualification. Relying on Vikas
Sankhla & Ors. V. Vikas Agarwal & Ors.1, the Tribunal took the view
that there shall be no bar in considering meritorious applicants in the
unreserved category if no weightage was given to CTET marks in
preparation of the final merit list. Consequential direction was issued to B
the authorities for appointment of Original Applicants, in terms of their
respective position in the merit list.
7. The Tribunal’s Order was challenged in the High Court by the
Govt. of NCT of Delhi. In the Writ Petition (C) No. 557 of 2019, the
appellants contended that the Respondents cannot avail concession under C
the OBC category as they were permanent residents of other states.
The Respondents could not also be considered under the unreserved
category, as the same would be subject to minimum 60% marks for the
general category in order to be CTET qualified. Therefore, the appellants
argued before the High Court that notwithstanding the performance of
D
the respondents in the recruitment test, their candidature for the General
Category vacancies is not valid.
8. The High Court under the impugned Order, however noted that
the Advertisement did not specify that the candidates who applied on
the basis of the CTET qualification with lower pass marks, would not be
eligible for the General Category vacancies if they have secured less E
than 60% marks in the CTET examination. The High Court accordingly
held that once the candidate had obtained the CTET qualification, the
marks secured in the qualification examination is immaterial for
consideration of their candidature, for the unreserved category vacancies.
As the performance of the respondents were more meritorious than F
others selected in the unreserved category, the Tribunal’s decision in
favour of the respondents was upheld and accordingly, the Writ Petition
filed by the appellants came to be dismissed.
9.1. The appellants challenged the decision of the Delhi High Court
with the contention that the respondent having secured the eligibility
G
qualification under relaxed norms for the OBC Category are in-eligible
to be considered against General Category vacancies. Ms Madhavi
Divan, learned Additional Solicitor General of India submits that the
respondents having obtained the eligibility qualification with lower pass

1
(2017) 1 SCC 350 H
1062 SUPREME COURT REPORTS [2019] 13 S.C.R.

A marks under relaxed norms for the OBC Category, were rightly found
to be ineligible for employment in the General Category vacancies in
Delhi.
9.2. Dealing with the facts and the ratio of Vikas Sankhala
(Supra) Ms Divan argues that this Judgment was erroneously applied
B by the Tribunal to the facts in the instant case inasmuch as for the present
recruitment under Advertisement No.01/13, mere qualification in the
CTET (instead of marks), will have a bearing whereas, the marks in the
CTET examination, did have a bearing in the recruitment process in the
case of Vikas Sankhala (supra). The learned Additional Solicitor General
makes a distinction between CTET being an eligibility qualification as in
C the present case and the CTET marks influencing the final merit in the
selection, as was the situation in the recruitment process in Rajasthan.
She specifically argues that the judgment in the Vikas Sankhala (supra)
was rendered in the peculiar facet of recruitment in that case and the
ratio thereof will not apply in the present matter.
D 9.3. The learned Additional Solicitor General projects that it is not
a case of candidates obtaining CTET qualification on the basis of age
relaxation or fee waiver in which situation, respondents marks in the
CTET examination may have no bearing. But when the respondents
had qualified in the CTET examination securing below the normal pass
E marks (60%), they were rightly held to be ineligible for the General
category vacancies, in the State of Delhi.
10.1 Per contra, Ms. Aishwarya Bhati, the learned Senior Counsel
for the respondents has argued that when the essential qualification in
the advertisement does not stipulate any minimum marks for eligibility,
F the respondents having obtained the CTET qualification, cannot be found
to be ineligible.
10.2 The Respondents project that they secured higher marks in
the recruitment test then few candidates selected for the General category
vacancies and therefore rejection of their candidature would mean merit
G being ignored for appointment.
10.3 Supporting the decision of the High Court and the Tribunal,
Ms Bhati argues that the ratio in Vikas Sankhala (supra) was rightly
applied to give relief to the Original Applicants who claim appointment
on the basis of their merit position in the recruitment test.
H
GOVT. OF NCT DELHI & ORS. v. PRADEEP KUMAR & ORS. 1063
[HRISHIKESH ROY, J.]

11. In the present Appeal, we are required to focus on the following A
issues:-
i. Whether the respondents who have secured the CTET
qualification form outside Delhi as OBC candidate by availing
5% relaxation in the qualifying marks be considered for
employment against the post of Special Education Teacher in the B
Government of NCT, Delhi?
ii. Whether the Respondents, after availing concession under the
OBC category can compete for seats under the unreserved
category?
12. The records here show that the National Council for Teacher C
Education [‘NCTE’] issued Notification dated 23.08.2010, that provided
for the minimum qualifications for a person to be eligible for
appointment as a teacher. It provided, inter alia, that applicants for the
post of teachers (falling in the specified criteria of the Notification) shall
have to pass the Teacher Eligibility Test [‘TET’] which will be conducted D
by the appropriate Government in accordance with NCTE’s guidelines.
Pursuant to this Notification, vide Order dated 11.02.2011, the NCTE
issued Guidelines for conducting the TET. The Guidelines provided that
a person who scores 60% in the TET examination will be considered as
TET pass. Further, concessions to persons belonging to the disadvantaged
category, in accordance with their extant reservation policy was also E
provided.
13. The Directorate of Education, Delhi (appellant No.3) by its
Notification dated 07.10.2011, stated that for appointment to the schools
of Delhi, the GNCT, Delhi will recognize the CTET conducted by the
Central Board of Secondary Education (CBSE). By another Notification F
dated 30.11.2012, appellant No.3 added the following to the
aforementioned Notification dated 07.10.2011:-
“............................................................................................
..
G
The CBSE is issuing CTET marks statements to the candidates
with conditions that candidates securing 60% and above marks
will be considered as CTET qualified. Further, the NCTE v i d e
notification 29.07.2011 specifically provided that “Relaxation up
H
1064 SUPREME COURT REPORTS [2019] 13 S.C.R.

A to 5% in the qualifying marks shall be allowed to the candidates
belonging to reserved categories such as SC/ST/OBC/PH.
Therefore, candidates belonging to reserved categories such as
SC/ST/OBC/PH shall be allowed relaxation upto 5% in the
qualifying marks, in CTET conducted by the CBSE
............................................................................................”
B
14. The reservation for the OBC category under Clause 6(iii) of
Advertisement No.1/13 being relevant, is extracted as under:-
6. RESERVATION BENEFITS:
(iii) The OBC candidates must be in possession of filled
C prescribed Annexure I, along with his/her caste certificate
issued by the Govt. of Delhi only.
15. In the Delhi recruitment process, the respondents did not
possess OBC (Delhi) certificate and thus they could not be considered
for the OBC category vacancies. Further, as per the CTET guidelines,
D unreserved candidates are required to obtain 60% marks to qualify in
the CTET. Since the Respondents obtained less than 60% in CTET,
their candidature could be valid only under the OBC category. However
due to absence of certificate of OBC status by Government of NCT,
Delhi and by virtue of clause 6(iii), as above, which bars reservations to
E outsider OBC, the Respondents are ineligible for the applied post. They
may however compete against the unreserved vacancies, if they pass
CTET with minimum 60% marks. Admittedly, none of the Respondents
are certified by the GNCT of Delhi as OBC and neither do they possess
the requisite 60% marks in CTET for qualification for the one-tier exam,
as per Advertisement 1/13 and therefore the contention of the Appellants
F do have acceptable basis.
16. At this stage we need to discuss the Vikas Sankhala judgment
in some detail as the High Court and the Tribunal granted relief to the
respondents on the basis of this Judgment. The recruitment in Vikas
Sankhala, related to Rajasthan where the candidates who availed
G concession in the CTET examination, were allowed to migrate to
Unreserved (or general) category vacancies, if they were more
meritorious than the general category candidates.
17. The question, therefore, to be answered here is whether the
above case pertaining to recruitment in Rajasthan with candidates
H competing for vacancies in their home State, would apply to the situation
GOVT. OF NCT DELHI & ORS. v. PRADEEP KUMAR & ORS. 1065
[HRISHIKESH ROY, J.]

in the present case where candidates from other states obtaining A
qualification under relaxed norms, are aspiring for general category
vacancies in Delhi.
18. The decision of Vikas Sankhala (supra) was arrived at due
to certain peculiar facts in the case. The recruitment process of teachers
therein stipulated that 20% of the final result calculation of every aspirant B
will be based on the candidate’s TET result marks. Thus, candidates
who obtained CTET qualification after availing concession, had naturally
secured lower marks in the total aggregate compared to those, who
appeared in the unreserved category and did not avail such concession
in pass marks. In those facts, it was held that the resultant reduced
marks in the 20% component will neutralize the benefits of eligibility C
given to reserved candidates, who thereafter had to compete with
unreserved students without any concessions and also overcome the
disadvantage they had in the 20% component. On this aspect, the
following was the Court’s observation:-
“…once this differentiation is understood, it would lead to the D
conclusion that no concession becomes available to the reserved
category candidate by giving relaxation in the pass marks in TET
insofar as recruitment process is concerned.”
19. The above excerpts reveal the Court’s concern for maintaining
equality in the recruitment process. However, in the present recruitment E
process, in the absence of a compensatory disadvantage or balancing
factor, the ratio in Vikas Sankhala cannot be applied for the respondents
who obtained CTET qualification by virtue of concession given to OBC
categories. In other words, the concession benefit is not neutralized in
the Delhi recruitment process. Thus, a level playing field and a fair F
treatment is not achieved, by inappropriately applying the ratio of Vikas
Sankhala without having regard to the peculiarity of facts of that case
where, a different selection yardstick was applied.
20. As noted above, although there was no balancing out of the
relaxation for the selection process in Delhi unlike the process in Vikas G
Sankhala’s decision, the CAT erroneously applied the ratio of the
Rajasthan case for giving relief to the respondents.
21.1 In Vikas Sankhala, the Court considered the implication of
the Circular dated 11.05.2011 issued by the Department of Personnel,
government of Rajasthan, (A, Gr.II) bearing ref.no.No.F.7(1) DOP/A-
H
1066 SUPREME COURT REPORTS [2019] 13 S.C.R.

A II/99 that expressly allowed migration to the unreserved category
irrespective of any concession availed by the candidate of the reserved
category if he/she had secured more marks than the last Unreserved
category candidate who is selected. But here the OMs dated 01.07.1998
and 04.04.2018 issued by the Department of Personnel & Training would
bear consideration. Contrary to the circular dated 11.05.2011 in Vikas
B
Sankhala (supra), the two OMs referred by Ms Divan, issued specific
instructions to the effect that when a relaxed standard is applied in
selecting a reserved category candidate, in age limit, experience,
qualification, additional chances in written examination etc., such
candidates will be counted against reserved vacancies.
C 21.2 For better understanding, the implications of the afore noted
OM dated 01.07.1998 (ref.36011/1/98-Estt.(Res), Ministry of Personnel,
Public Grievances and Pensions), the relevant portion is extracted below:-
“........................................................................................ 3.
D In this connection, it is clarified that only such SC/ST/OBC
candidates who are selected on the same standard as applied to
general candidates shall not be adjusted against reserved vacancies.
In other words, when a relaxed standard is applied in selecting an
SC/ST/OBC candidates, for example in the age limit, experience,
qualification, permitted number of chances in written examination,
E extended zone of consideration larger than what is provided for
general category candidates etc., the SC/ST/OBC candidates are
to be counted against reserved vacancies. Such candidates would
be deemed as unavailable for consideration against unreserved
vacancies.............................................................................”
F 21.3 In the same context, the relevant part of the second OM
dated 04.04.2018 (Ref.No.F.No.43011/4/2018-Estt.(Res.)] issued by the
Ministry of Personnel, Government of India), reiterating in substance,
what was stated in the earlier O.M. of 01.07.1998, is extracted as below,
for ready reference:-
G “.......................................................................................As
per instructions issued vide this Department’s OM No.36012/2/
96-Estt.(Res) dated 02.07.1997, in direct recruitments to Central
Government jobs and services, the reserve category candidates who

H
GOVT. OF NCT DELHI & ORS. v. PRADEEP KUMAR & ORS. 1067
[HRISHIKESH ROY, J.]

are selected on the same standards as applied to general candidates will A
not be adjusted against reserved vacancies. As per instructions issued
vide DOP & T OM No.36011/1/98-Estt.(Res) dated 01.07.1998, only
when a relaxed standard is applied in selecting a reserved candidates,
for example in the age limit, experience, qualification, permitted number
of chances in written examination, etc., such candidates will be counted
B
against reserved vacancies.................................”
22. From the above extract of the two OMs, it is quite apparent
that, unlike in Vikas Sankhala, there is an express bar on migration to
the unreserved category of those reserved category candidates who
had availed of relaxation including those for qualification. The prescription
of the eligibility qua CTET, in the advertisement, will therefore have to C
be understood bearing in mind, the contents of the OM dated 01.07.1998.
To apply the advertisement in the present facts will not be correct. The
same OM dated 01.07.1998 was considered in Deepa EV v Union of
India2 and we feel that the Court was correct in the view, vis-à-vis the
OM dated 01.07.1998. D
23. The other distinguishing aspect in Vikas Sankhala (supra)
is that the candidates who had applied under the reserved category
belonged to Rajasthan. For the selection and aspirants from the same
State i.e., Rajasthan, the Court allowed such candidates to migrate to
the unreserved category. In the present case, however, the candidates E
(i.e. the respondents) belong to States other than Delhi. Being OBC
(outsiders), they could have been considered only under the unreserved
category if they secure at least 60% marks in the CTET. The respondents
admittedly did not secure 60% and thus were ineligible. Moreover, an
OBC candidate not certified in the State/Territory outside of Delhi cannot
be eligible to avail of employment in reserved category posts earmarked F
for OBCs who are certified by the Delhi Government.
24. It is important to keep in mind that the respondents are
competing for general category vacancies. All others in this group have
obtained their CTET eligibility qualification, securing the normal pass
marks without availing any relaxation of pass norms. On the other hand, G
the respondents despite their lesser marks in the CTET examination,
could qualify only because they availed the relaxation benefits as OBC
category examinees. Their eligibility qualification is secured under relaxed
norms meant for OBC category and therefore we do not think it is proper
2
(2017) 12 SCC 680 H
1068 SUPREME COURT REPORTS [2019] 13 S.C.R.

A to consider them to be eligible for the general category vacancies and
contention to the contrary is unacceptable.
25. The respondents with their CTET qualification under relaxed
norms would be eligible for OBC category posts provided their OBC
status is certified and recognized by the Delhi government. But such not
B being the case, they are ineligible for the reserved category vacancies.
To allow them to migrate and compete for the open category vacancies
would not be permissible simply because, they have secured the CTET
qualification with relaxation of pass marks meant for those belonging to
the OBC category. As the respondents have not secured the normal
pass marks for general category, their eligibility for the general category
C vacancies is not secured. Therefore, their performance in the selection
examination would be of no relevance, in the present process.
26. As earlier discussed, this case concerns qualifications obtained
with concession in pass marks. Such concession would have a direct
impact on standards of competence and merit in the recruitment of Special
D Education Teachers. The principles of reservation under the Constitution
of India are intended to be confined to a specifically earmarked category
and the unreserved category must be protected, to avoid dilution of
competence and merit. If Vikas Sankhala (supra) is interpreted shorn
of its peculiar facts, as has been suggested by the respondents’ counsel,
E it would in our perception, considering that respondents secured the
qualification under relaxed norms, would lead to dilution of merit in the
unreserved category. The arguments made to the contrary by the
respondents is therefore rejected.
27. In view of the forgoing, the High Court and the Tribunal erred
F in granting relief to the respondents. The impugned judgment of the High
Court of Delhi in Writ Petition (C) No. 557 of 2019 dated 21.1.2019 is
set aside and this appeal is allowed. No order as to costs.

Kalpana K. Tripathy Appeal allowed.
G

H