Reserved Category Candidates Who Qualify On Their Own Seniority Must Be Adjusted Against Unreserved Vacancies: Calcutta High Court

"Once candidate qualifies suitability/fitness test performance in the test becomes insignificant and promotion is granted as per seniority following gradation list notwithstanding marks/performance in suitability/fitness test." Calcutta High Court, in a significant judgment, has held that reserved category candidates who qualify for promotion based on their own seniority and merit cannot be adjusted against vacancies reserved for Scheduled Castes (SC) or Scheduled Tribes (ST).

A Single Bench of Justice Saugata Bhattacharyya observed that such candidates are entitled to occupy unreserved slots, thereby allowing other reserved category candidates to benefit from the quotas specifically earmarked for them under the 50-point roster.

The matter arose from two writ petitions filed by Group-D employees (Peons and Process Servers) under the judgeship of Cooch Behar who were seeking promotion to the post of Lower Division Clerk (LDC). The promotion process was governed by the West Bengal District Court (Constitution of Service, Recruitment, Appointment, Probation and Discipline of Employees) Rules, 2015. While some petitioners challenged the flawed application of the 50-point roster that denied them promotion despite qualifying the fitness test, others challenged their exclusion after failing the mandatory suitability assessment.

The primary question before the court was whether the district recruitment authority correctly applied the 50-point roster by counting senior SC candidates against reserved vacancies instead of unreserved ones. The court was also called upon to determine the true scope of the "seniority-cum-merit" principle as defined under Rule 22(b) of the 2015 Rules and whether the "migration" of reserved category candidates to the unreserved list is permissible in promotions.

Court Explains Doctrine Of Seniority-Cum-Merit

The Court noted that the promotional process was convened strictly in terms of Rule 22(b) of the 2015 Rules, which mandates recruitment by promotion on the basis of "seniority-cum-merit." The Bench clarified that this methodology necessitates a candidate to first qualify a suitability or fitness test to become eligible for consideration.

Fitness Test Only A Threshold For Eligibility

The Bench observed that once a candidate passes the fitness test, their actual marks or level of performance in that test become legally insignificant for the final selection. The Court emphasized that the benefit of promotion must then be extended based solely on the candidate's position in the seniority gradation list.

Court Finds Flaws In Application Of 50-Point Roster

Upon scrutinizing the list of 16 candidates granted promotion, the Court found that three SC candidates were senior enough to be offered the 29th, 30th, and 31st vacancies, which were earmarked for unreserved candidates. However, the authorities had erroneously treated them as occupying reserved seats, which blocked other eligible SC candidates further down the list.

Migration Of Reserved Candidates To Unreserved List

The Court relied on the Supreme Court's decision in Airport Authority of India & Ors. vs. Sham Krishna B & Ors. (2026) to hold that reserved category candidates are entitled to occupy posts meant for unreserved candidates if they are senior enough in the gradation list. It noted that their right to be considered first for promotion should not be negated simply because they belong to a reserved category.

"Reserved category candidates senior as per gradation list than unreserved candidates are entitled to occupy posts meant for unreserved candidates by allowing migration."

Illegal Carry Forward Of Vacancies Set Aside

The respondent authorities had argued that certain reserved vacancies were carried forward due to the "unavailability" of eligible SC/ST candidates within the zone of consideration. The Court rejected this, noting that eligible candidates were indeed available but were displaced because senior SC candidates were wrongly adjusted against the reserved quota instead of the general pool.

Court Directs Redo Of Allotment Process

Finding the allotment of vacancies to be vitiated by these flaws, the Court set aside the resolution of the District Recruitment Committee dated August 16, 2024. Justice Bhattacharyya directed the Chairman of the District Recruitment Committee to redo the exercise of granting promotion by correctly following the 50-point roster within a period of four weeks.

Protection For Existing Promotees

While directing a fresh allotment, the Court provided a degree of protection to the respondents who might lose their promotional posts after the recalculation. It clarified that if any current promotee is found ineligible after the fresh exercise, they would not be required to refund the enhanced salary and emoluments received during the period they discharged duties as LDC.

The Court disposed of WPA 6863 of 2025 with directions for re-allotment. However, WPA 6867 of 2025 was dismissed, as the petitioners therein had failed to qualify the mandatory fitness test, rendering their claim for promotion legally untenable. The ruling reaffirms that the "seniority-cum-merit" principle, combined with the rules of migration, ensures that reservation acts as a floor, not a ceiling, for meritorious reserved category candidates.

Date of Decision: 03 July 2026