Supreme Court Clarifies Rule: No Switching to General Category After Age Relaxation

Case Name: Union of India and Others Versus Sajib Roy. 

Introduction

The Supreme Court of India ruled that applicant from reserved categories who take advantage of age or physical eligibility cannot be selected under the general category if the regulation doesn’t permit it. The Court clarified it is possible when recruitment rules or job notice allow. The Supreme Court Verdict assists in making sure that recruitment is executed fairly and by following the law. This also maintains a clear line between selection on merit and selection through reservation benefits.

Supreme Court clarifies rules on age relaxation and general category eligibility in recruitment.

Background:

A recruitment notification issued in 2015 by the Staff Selection Commission (SSC) for the position of Constables (GD) in forces like BSF, CRPF, ITBP, SSB, NIA, SSF, and Rifleman in Assam Rifles. The selection procedure consists of a physical test, written exam, and medical examination. On August 1, 2015, the age limit for candidates was 18 to 23 years. Though applicants from reserved categories were eligible for age relaxation, particularly OBC, applicants were given an extra 3 years. Few of the OBC candidates who applied under the reserved category availed themselves of the age relaxation. However, because of low marks they didn’t qualify under the OBC category. Whereas they scored more marks than the last selected candidate in the general category. Due to this they applied to considered them in General Category.

The Union of India applied in the high court arguing that these applicants already taken the age relaxation, hence they cannot be considered in general category. Though the High Court given the verdict in support of candidates, stated that they secured higher marks than general category applicant, considered them.

However, the government filed a review petition under the Office Memorandum from 1998, which stated that SC/ST/OBC applicants who are eligible of any relaxation does not come for unreserved vacancies. Despite this, the High Court made no changes. Hence the Union Government approached the Supreme Court.

Supreme Court Ruling on Age Relaxation

The Supreme Court ruled out that the recruitment rules or official notifications do not permit such migration thus applicants belong to reserved categories who take advantage of things like age relaxation not included in selection procedure and general category. 

The Court directed, if there is no limitation in the regulations, and the applicant has not taken any advantage of relaxation, they may be allowed to qualify based on merit. Although, in the recent case, the candidates had taken advantage of things like age relaxation, and according to the applicable Office Memorandum dated 01.07.1998 it's not eligible. 

The Court observed that the High Court erroneously applied the ruling in Jitendra Kumar Singh v. State of UP, which was based on a different legal framework and not applicable here and the Supreme Court set aside the High Court's decision. 

Conclusion

The Supreme Court held that candidates from reserved categories (like OBC) who taken the benefits of reservation as age relaxation cannot be recruited under the general category if the recruitment rules permit it. The Court concluded that the High Court incorrectly applied a judgment that did not fit the rules of this case as the official guidelines (Office Memorandum of 1998) clearly barred such migration, the Supreme Court set aside the High Court’s decision and allowed the appeal by the Union of India. 

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