Airport Authority of India & Ors vs Sham Krishna B & Ors

Bench: 2 — M. M. Sundresh, Satish Chandra Sharma

In Brief

The Supreme Court upheld settled law that a reserved-category candidate scoring above the general category cut-off must be treated as qualifying for an unreserved post. The Airport Authority recruited for 245 posts: 122 unreserved, 78 OBC, 22 SC, 23 ST. Only 158 candidates were appointed. Respondent Sham Krishna scored 128.08 marks but was not selected. The High Court directed his appointment, finding the roster misapplied. The Supreme Court reversed this, holding that reserved candidates scoring higher than general candidates qualify on merit against unreserved vacancies and should not be counted against reserved quotas. All 122 unreserved posts were legitimately filled on merit, so no appointment direction was warranted.

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Constitutional Law Public Employment Reservation Affirmative Action Equality of Opportunity Administrative Law Recruitment and Selection Merit-based Selection

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