The General vacancies should be filled in first before filling the backlog vacancies of particular reserved category.

The Supreme Court while deciding the manner in which the vacancies are to be filled held that “The question arises as to at which stage would Section 27 of the Act operates, and where in the list, the application of the “first” principle would apply. Section 27 deals with the reservation. It has nothing to do with the general candidates list/ General Turn vacancies. Such of the candidates who have made it on their own merit albeit, from reserved category, have not sought the benefit of the reservation. Thus, Section 27 of the Act would have nothing to do up to that point. Section 27 would apply only when the reservation principle begins, which is after filling up of the seats on merit. Thus, the word “first” would apply at that stage, i.e., the backlog vacancies have to be filled in first and the current vacancies to be filled in thereafter. At the stage when the general category seats are being filled, there is thus no question of any carry forward or current vacancies for reserved category arising at all. We may also note that the manner of filling up the seats has been well enunciated in the judgment in K.R. Shanthi’s case (supra) by the Madras High Court itself and appears to have been consistently followed. May be the peculiarity of the situation arising in Chemistry subject (which is in question) gives rise to this problem in the current year and such a problem had not apparently arisen earlier. In fact, there is no manner of doubt after the latest judgment of this Court in Saurav Yadav & Ors. case (supra) which again refers to the steps which have to be taken to fill in those vacancies. The steps are clear in their terms:

In the given facts of the case, application of those principles or steps would imply: (a) the general merit list to be first filled in;

(b) the backlog vacancies of the particular reserved category to be thereafter filled in “first”; and

(c) the remaining reserved vacancies for the current year to be filled thereafter.” 

– The State of Tamil Nadu & Ors. Vs. K. Shobhana, dated 05.03.21.