Whether Reserved Candidate Availing Relaxation To Participate In Open Competition With General Candidates Be Recruited?: Supreme Court Explains

The Supreme Court observed that 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 Court was deciding Civil Appeals preferred against the Judgment of the High Court by which the persons who had applied as reserved candidates in OBC (Other Backward Class) category after having availed age relaxation for the post of Constable (GD) were directed to be considered for recruitment under unreserved category.

The two-Judge Bench of Justice Surya Kant and Justice Joymalya Bagchi explained, “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. That is to say, in the event there is no embargo in the recruitment rules/employment notification, such reserved candidates who have scored higher than the last selected unreserved candidate shall be entitled to migrate and be recruited against unreserved seats.”

Senior Advocate Shailesh Madiyal appeared on behalf of the Appellants while Advocates Nirmal Chopra and Manika Tripathy appeared on behalf of the Respondent.

Brief Facts

Staff Selection Commission (SSC) published an employment notification for recruitment of Constables (GD) in BSF, CRPF, ITBP, SSB, NIA, and SSF and Rifleman in Assam Rifles comprising physical test, written examination and medical examination. As per the employment notification, the prescribed age limit for eligible candidates to participate in the recruitment process was 18 to 23 years as on August 1, 2015 and age relaxation was given to various reserved candidates. For OBC candidates, i.e., the Respondents, age relaxation was 3 years. All the Respondents availed of such age relaxation for participation in the recruitment process, 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 that they ought to be permitted to migrate to the unreserved category, the Respondents approached the High Court. Union of India opposed the prayer on the ground that the Respondents had applied in the OBC category after availing age relaxation and under such circumstances cannot be considered eligible for appointment in unreserved category. The High Court held that the refusal to permit Respondents to migrate to the unreserved category though they scored higher than the last candidate in such category runs counter to the principles of merit-based recruitment in public services and would be opposed to the principles of equality enshrined under Article 14 of the Constitution. Union of India filed a Review Petition but the same was dismissed. Hence, the case was before the Apex Court.

Court’s Observations

The Supreme Court in view of the above facts, said, “… if an embargo is imposed under relevant recruitment rules, such reserved candidates shall not be permitted to migrate to general category seats.”

The Court, therefore, held that as the Respondents had availed concession of age for participating in the recruitment process, in the teeth of office memorandum, the High Court was wrong in applying the ratio in Jitendra Kumar & Anr. v. State of UP & Ors. (2010) and permitting them to be considered for appointment in the unreserved category.

Accordingly, the Apex Court allowed the Appeals and set aside the impugned Judgment.

Cause Title- Union of India & Ors. v. Sajib Roy (Neutral Citation: 2025 INSC 1084)

Click here to read/download the Judgment