Court strikes down restrictive clauses in recruitment advertisement and Commission's Office Memorandum, upholding merit-based migration in public employment.
In a significant decision impacting the recruitment process in public employment, the Allahabad High Court, in the case of Bhavna Yadav v. State of U.P., ruled that reserved category candidates who have not availed relaxation in qualifying standards must be allowed to compete in the open/unreserved category at the screening stage itself, provided their marks meet or exceed the unreserved category cut-off. This judgment was delivered by a Division Bench comprising Justices Rajan Roy and Manjive Shukla.
The Court examined a contentious Office Memorandum dated January 9, 2020, issued by the Uttar Pradesh Public Service Commission, which restricted the migration of reserved category candidates to the unreserved category only at the final stage of selection. This, along with Clause 10 of an advertisement dated December 22, 2025, was challenged by the petitioners, who argued that such provisions were unconstitutional and violated their rights under Articles 14 and 16 of the Constitution of India.
The bench emphasized that the constitutional scheme of reservation allows for mobility from reserved to unreserved categories based on merit, a principle upheld by the Supreme Court in various judgments, including the recent Rajat Yadav case. The Court further noted that the UP Public Services Reservation Act, 1994, under Section 3(6), supports such mobility without confining it to the final selection list.
The Court criticized the Commission's blanket policy for non-application of mind to different recruitment scenarios, particularly where the screening test marks contribute significantly to the final merit. It directed the Commission to revisit the Office Memorandum, considering the constitutional provisions and the law laid down by higher courts, to avoid future legal challenges.
Furthermore, the Court held that the writ petition was maintainable despite the candidates having applied under the existing conditions, as participation in the selection process does not amount to acceptance of unconstitutional conditions.
Bottom Line :
Public employment - Reservation - Reserved category candidates who have not availed relaxation/concession in qualifying standards cannot be denied inclusion in unreserved/open category at screening stage where marks of screening test are added to final merit - Clause in advertisement and Commission O.M. postponing such adjustment only to final selection held inapplicable/unreasonable and violative of constitutional scheme.
Statutory provision(s): Articles 14, 16, 309, and 320 of the Constitution of India; U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 Sections 3(6) and 8
Bhavna Yadav v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2988309
