We documented the disaster due to the flawed Supreme Court process (henceforth the SCI-AKG alternative rule) in Sönmez and Yenmez (2021), and formulated a remedy by means of a mechanism we refer to as the two-step meritorious – Full Review – horizontal (2SMH) alternative rule. Parallel to our evaluation and policy recommendations in Sönmez and Yenmez (2021), the flawed SCI-AKG alternative rule is not too long ago rescinded and the 2SMH choice rule is endorsed444Strictly talking the endorsement in Saurav Yadav (2020) assumes away any possible overlap in HR-protected teams. The 2SMH selection rule takes a easier type known as the two-step minimal guarantee (2SMG) alternative rule in this case.

Nonetheless, till not too long ago the changes for the open class positions have been denied for the VR-protected individuals, thus resulting in the disaster documented in Sönmez and Yenmez (2021). This failure is recently corrected in Saurav Yadav (2020), where the Supreme Court justices have clarified that VR-protected people are entitled for changes for open-class positions (just as they are eligible for them in the absence of HR protections).121212See paragraphs 24, 25, 31 and 32 in Saurav Yadav (2020), given in Appendix C.1.

The open-category positions vacated by MRCs are to be supplied to the general class candidates. The following simple example makes this level. POSTSUBSCRIPT are members of the general class, and therefore ineligible for the VR-protected position. While the Supreme Court overruled the judgement by the Madras High Court docket, justifying their resolution primarily based on the principle of inter se merit, the judges of the Supreme Court did not observe that the UPSC mechanism itself does not comply with this necessary precept. The judges of the Supreme Court justified this essential decision primarily based on the precept of inter se advantage, reaffirming the judgement in Anurag Patel (2004). Nonetheless, there is an important oversight of their judgement, one which makes the UPSC mechanism unconstitutional.

In distinction, members of the overall category wouldn’t have any positions put aside for them beneath the VR coverage. I is eligible for open-category positions. When there is a single job and the VR coverage is the only affirmative motion coverage, the interpretation of this statement turns into airtight: If a VR-protected particular person deserves an open position on the premise of her advantage score only, she should be awarded an open position and never use up a VR-protected place set aside for her class. It might nicely happen that some members belonging to, say Scheduled Castes get chosen within the open competitors area on the idea of their very own advantage; they won’t be counted against the quota reserved for Scheduled Castes; they are going to be handled as open competition candidates. POSTSUBSCRIPT positions are open for all individuals. We refer to these positions as open-category positions (or class-o positions).