In Brief
BSNL challenged a High Court order requiring it to adjust OBC candidates (Alok Kumar Yadav and Dinesh Kumar) who scored higher marks than appointed general category candidates into general category vacancies, thereby opening OBC category seats for other OBC candidates including the respondent. The Court held that reserved category candidates with higher merit must be appointed in the general category and cannot be counted against reserved quotas. Though the appeal was dismissed, under Article 142, the Court directed that already-appointed general category candidates need not be removed, but the respondent must be appointed with backdated seniority.
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