SC bars reserved category from switching to general if rules prohibit

Supreme Court rules that reserved candidates using relaxations cannot claim unreserved posts if recruitment rules restrict such migration

The Supreme Court on Tuesday, September 9, held that candidates from reserved categories who have availed of fee or age relaxations cannot be considered for unreserved category vacancies if the recruitment rules prohibit such migration, news agency PTI reported.

 

A bench of Justices Surya Kant and Joymalya Bagchi made the observation while hearing a plea by the Centre challenging a Tripura High Court order. The high court had permitted OBC candidates — who had availed age relaxation — to be considered under the general category for constable recruitment.

 

“Whether a reserved candidate who has availed relaxation in fees or 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 court clarified that if recruitment rules or job notifications do not impose such restrictions, reserved category candidates who perform better than the last unreserved selected candidate can be recruited in the general category.

 

However, if the recruitment guidelines specifically bar such migration, then those candidates shall not be considered under the unreserved quota.

 

The Centre cited a 1998 office memorandum stating that SC, ST, and OBC candidates who benefit from age, attempt, or fee relaxations are ineligible for unreserved posts.

 

In this case, the candidates had applied under the OBC category and availed of age relaxation. While they failed to qualify in their category due to lower marks, their scores were higher than the last selected candidate in the unreserved list. They had approached the Tripura High Court seeking migration to the general category.

 

The Supreme Court also referred to a 2018 Delhi High Court decision in a similar case and declined to follow its reasoning, stating that such transitions depend on the specific rules governing recruitment.