The Supreme Court on Tuesday said reserved category candidates, who have availed relaxation in fees or upper age limit to participate in open competition with general candidates, cannot be considered later for selection against unreserved category vacancies if the recruitment rules prohibit such migration.
A bench of Justices Surya Kant and Joymalya Bagchi made the observation and set an order of the Tripura High court. “Whether a reserved candidate who has availed relaxation in fees/upper age limit to participate in open competition with general candidates may be recruited against unreserved seats would depend on the facts of each case,” the bench said.
The top court explained in an event where there was no embargo in the recruitment rules or employment notification, such reserved candidates who scored higher than the last selected unreserved candidate should be entitled to migrate and be recruited against unreserved seats. “However, if an embargo is imposed under relevant recruitment rules, such reserved candidates shall not be permitted to migrate to general category seats,” the bench clarified.
The top court was hearing an appeal filed by the Centre challenging an order of the high court which directed petitioners, who had applied as reserved candidates in the OBC category after having availed age relaxation for the post of constable (general duty), to be considered for recruitment under unreserved category.
The candidates had applied as OBC candidates, using this relaxation to qualify.
However, they were declared unsuccessful as they had scored marks lower than the last selected candidate in the OBC category for various departments.
But their marks were higher than the last selected candidate in the unreserved category for those departments.
Claiming they ought to be permitted to migrate to the unreserved category, the petitioners moved the high court.
