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Civil · Reportable judgment

Union of India & Ors. vs Sajib Roy

Court
Supreme Court of India
Date
9 September 2025
Case No.
Civil Appeal No. 11718 of 2025
Result
Allowed
Bench
Surya Kant, Joymalya Bagchi
Citation
[2025] 9 S.C.R. 542 : 2025 INSC 1084
Acts & Sections
Constitution
Supreme Court Reports [2025] 9 S.C.R. 542 : 2025 INSC 1084
Issue for consideration
Issue arose as regards the correctness of the order by the High Court permitting the respondents who had applied as reserved candidates in OBC category after having availed age relaxation for the post of Constable, to be considered for recruitment under unreserved category.
Headnote

Service law – Recruitment – Appointment of OBC candidate to unreserved candidate – Permissibility – Recruitment of Constables – OBC candidates availed age relaxation for participation in the recruitment process, however, declared unsuccessful as they had scored marks lower than the last selected candidate in the OBC category, but their marks were higher than the last selected candidate in the unreserved category – OBC candidates sought migration to the unreserved category – High Court held that the writ petitioners-OBC candidates who had applied as reserved candidates in OBC category after having availed age relaxation for the post of Constable (GD) to be considered for recruitment under unreserved category – Correctness:

Held: 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 – 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 – However, if an embargo is imposed under relevant recruitment rules, such reserved candidates shall not be permitted to migrate to general category seats – As the respondents-writ petitioners had availed concession of age for participating in the recruitment process, in the teeth of office memorandum dated 01.07.1998 which clearly barred such migration in the event the reserved candidates had availed relaxations in age, experience qualification, etc, the High Court erred in applying the ratio in Jitendra Kumar’s case wherein by virtue of the government instructions dated 25.03.1994 expressly permitted reserved candidates who have availed relaxation in fees/upper age limit etc. to be considered for appointment in unreserved category – Thus, the impugned judgment and order by the High Court set aside. [Paras 32, 33]

Keywords: Reserved candidates · OBC category · Age relaxation · Post of Constable · Recruitment · Unreserved category · Jitendra Kumar’s case · Office memorandum dated 01.07.1998 · Migration of reserved candidates · Concessions in the form of age relaxation · Appointment in unreserved category · Recruitment process · Last selected candidate · Migration to unreserved category · Recruitment rules/ employment notification · General category · Government instructions dated 25.03.1994

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Joymalya Bagchi, J. 1. Leave granted. 2. Appellants have assailed common impugned judgment and order dated 12.10.2018 1 and order dated 26.02.2019 2 whereby the respondents-writ petitioners who had applied as reserved candidates In WP (C) No. 277/2017, WP (C) No. 279/2017, WP (C) No. 280/2017 and WP (C) No. 281/2017 In Review Application No. 3/2019, Review Application No. 4/2019, Review Application No. 5/2019 and Review Application No. 6/2019 in OBC category after having availed age relaxation for the post of Constable (GD) were directed to be considered for recruitment under un
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