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UP Police Constable Recruitment: High Court Upholds Merit, Rescinds Bar on Reserved Candidates Scoring Above General Cutoff

28 October 2026Hindustan2 min4 questions

How much it matters for each exam

1At a glance

The Allahabad High Court has clarified a crucial principle for reservation in public employment: meritorious candidates from reserved categories (OBC, etc.) who score above the general/unreserved cutoff cannot be denied selection.

  • Merit Overrides Procedure

    Reserved category candidates scoring above the general cutoff cannot be denied appointment, even if they claimed social reservation benefits.

  • SC Precedent Applied

    The High Court applied the Supreme Court's 2020 'Saurabh Yadav' judgment, which invalidated the earlier 'Ajay Kumar' full bench ruling of Allahabad HC.

  • Retrospective Relief, Prospective Benefits

    While candidates get appointment, seniority and financial benefits will be from the actual joining date, not from the original result date.

2Facts to remember

Tap a card to see the answer. Try to recall it first.

3Uttar Pradesh connection

Uttar Pradesh

Matters for these Uttar Pradesh exams:

UP SI 9/10UPPSC 8/10UPPSC RO/ARO 8/10UPSSSC PET 7/10

4Detailed analysis

Context / Background

This case stems from the 2018 UP Police constable recruitment where reserved category candidates (OBC women, ex-servicemen, freedom fighter dependents) were excluded from unreserved posts despite scoring above the general cutoff. The state government relied on the then-prevailing 'Ajay Kumar' full bench ruling of the Allahabad HC. The core issue was the interpretation of horizontal reservation and whether meritorious reserved candidates can be considered for general category posts.

Core Analysis & Implications

The High Court's dismissal of state appeals reinforces the Supreme Court's landmark 'Saurabh Yadav' principle. It establishes that a candidate from a reserved category who secures a higher score than the general cutoff must be considered for appointment under the general/unreserved category. This prevents the 'double penalty' where a candidate is first adjusted against a reserved post and then denied a general seat despite higher merit. The judgment underscores that reservation is a minimum guarantee, not a ceiling on opportunity.

Judicial Doctrine & Reasoning

The court invoked the doctrine that law declared by the Supreme Court operates retrospectively (has a 'retrospective effect'), unless explicitly made prospective. Since the SC in Saurabh Yadav invalidated the Ajay Kumar principle, it applied retrospectively. The court also dismissed the government's delay in filing appeals, citing the COVID-19 pandemic and the Supreme Court's general extension of deadlines during that period.

Future Outlook / Way Forward

This judgment sets a clear precedent for all future recruitments in Uttar Pradesh and similar cases in other states. It mandates recruiting agencies to first fill unreserved seats purely on merit, irrespective of a candidate's reserved status. The state government must now issue appointment letters to the affected candidates, though without backdated seniority. This aligns recruitment practices with the constitutional spirit of Articles 14, 15, and 16, promoting equality while recognizing merit.

5Background GK

Textbook concepts you need to understand this news

Horizontal Reservation
Reservation provided for specific categories (like women, ex-servicemen, persons with disabilities) within each vertical reservation category (SC, ST, OBC, General). It is applied separately and cuts across vertical categories.
Doctrine of Prospective Overruling
A judicial principle where a court's decision is applied only to future cases and not retrospectively. It is an exception to the normal rule that a court's declaration of law applies to all pending and past cases.
Articles 15 & 16 of the Constitution
Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Article 16 guarantees equality of opportunity in public employment. Clause (4) of Article 16 enables reservation for backward classes.
Allahabad High Court
The High Court for the state of Uttar Pradesh, with its seat at Prayagraj (Allahabad). It has a bench at Lucknow. It is one of the oldest high courts in India, established in 1866.

6How exams will ask this

  • Data: 31,360 Civil Police and 18,208 PAC constable posts advertised on 16 Nov 2018.
  • Legal Point: Supreme Court's 'Saurabh Yadav vs Uttar Pradesh State' judgment of December 2020.
  • Principle: Reserved category candidates scoring above the general cutoff are eligible for unreserved posts.

Don't make this mistake!

Examiners may ask about the 'Ajay Kumar' case (the overruled Allahabad HC full bench ruling) as the incorrect precedent, or confuse the dates (2018 advertisement vs 2020 result vs 2020 SC judgment). They may also swap 'retrospective' and 'prospective' application of the judgment.

Write these in mains answers

"Merit within reservation," "creamy layer concept in vertical vs horizontal reservation," "constitutional balance between Articles 14, 15, and 16."

7Practice questions

Pick an answer, then read the explanation.

  1. Q1Easy

    The Allahabad High Court, which delivered the judgment on UP Police recruitment, is the High Court for which Indian state?

  2. Q2Hard

    Consider the following statements regarding the recent Allahabad High Court judgment on UP Police recruitment:

    1. 1.The court held that reserved category candidates who score above the general cutoff can be appointed against unreserved posts.
    2. 2.The judgment relied on the Supreme Court's ruling in the 'Ajay Kumar' case as the valid precedent.
    3. 3.The court dismissed the state government's appeals, citing delays due to the COVID-19 pandemic as not fatal to the candidates' claims.

    Which of the statements given above is/are correct?

  3. Q3Medium

    According to the news, for how many posts of Civil Police Constables was the recruitment advertisement issued by Uttar Pradesh Police in 2018?

  4. Q4Medium

    What is the primary constitutional principle reinforced by the Allahabad High Court's judgment in the UP Police recruitment case?

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