Consequently, one lesser-ranked reserved class candidate who had selections among the many reserved category is affected as he does not get any alternative anymore. X-MRC, had he not opted for a seat meant for the reserved category to which he belongs, shall now be filled up by that candidate in the reserved class listing who stands to lose out by the selection of the MRC. So an MRC is allowed to migrate to a VR-protected seat at the next choice school with a purpose to respect inter se advantage, and the open-category seat vacated by the MRC is to be awarded to the VR-protected candidate who’s displaced resulting from this migration.
Since a VR-protected individual can obtain two distinct tentative assignments in each of the first two phases, she migrates to the institution-class pair associated together with her more preferred place. Key for our functions, this fairness goal is now not possible solely relying on the concepts of migration and adjustment, except the underlying course of indirectly captures them via an iterative process such because the DA algorithm.131313The cause is analogous to the necessity of iterative procedures to seek out stable matchings in two-sided matching markets. Changes for HR protections may be made at any stage. Subsequently, vacated positions must be reallocated in a method that still respects benefit for open positions and inter se advantage for VR-protected positions.
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Of course, the petitioners’ place is against the principle of inter se benefit and in direct battle with the Supreme Court judgement in Anurag Patel (2004) mentioned in Part 5.2. Despite the unsustainable position taken by the petitioners, their case was not dismissed by the Tribunal. In different phrases, while the petitioners’ challenged Step 1 of the UPSC mechanism, the Tribunal required the UPSC to vary Steps 2, 3, and 5 of its mechanism. The Tribunal instead dominated that, whereas the MRCs could be allowed to migrate to the next selection job claiming positions which might be vertically reserved for their classes, this shall not be performed at the expense of consuming away the VR-protected positions for categories SC, ST, and OBC.
POSTSUPERSCRIPT decreases the variety of HR-protected positions which are honored. When utilized for the open-class positions the place each particular person is eligible, our no justified envy axiom morphs right into a condition that is thought because the precept of benefit in India. Our fifth axiom formulates the defining characteristic of VR protections as the “higher level” reservation policy. It states that, VR-protected positions shall not be awarded to individuals who deserve an open-category positions based on the principle of merit, and thus be left for VR-protected people who are really in want of optimistic discrimination.292929Since the precise formulation of the principle of benefit as it is meant in Indra Sawhney (1992) only turned clear with Saurav Yadav (2020), the defining characteristic of the VR protections (in the presence of HR protections) also became clear only with this recent judgment.
