IMPORTANT POINT
After applying under reserved category availing the age relaxation and attending as reserved candidate, a candidate cannot claim appointment as general category candidate.

Headnote:Service law – Recruitment – Reservation – Appellant applying as OBC candidate availing the age relaxation – Attending interview as OBC category candidate – Cannot claim right to be appointed under the General Category – Express bar under Rule 9, Export Inspection Agency (Recruitment) Rules, 1980 r/w proceedings dated 1.7.1998 – (Para 4, 8)
       (2010) 3 SCC 119 – Distinguished
       Facts of the case:
       The appellant applied for the post of Laboratory Assistant Grade II in Export Inspection Council of India. The appellant belongs to Dheevara community which is one of the “Other Backward Class”. Since the appellant was aged 26 years, she got age relaxation, as was granted to OBC category candidates. The appellant was one of the eleven candidates from OBC who were called for interview. The appellant secured 82 marks (in the list of candidates from OBC category). One Ms. Serena Joseph (OBC), who secured 93 marks was selected and appointed.
       No candidate of general category has secured the minimum cut off marks i.e. 70 marks. Appellant filed a Writ Petition before the High Court stating that she has to be accommodated in the general category. The petition was dismissed and so was the writ appeal.
       Finding of the Court:
       There is no merit in the appeal.
       Result: Appeal dismissed.

JUDGMENT

R. BANUMATHI, J.

1. This appeal arises out of the judgment of the Kerala High Court in Writ Appeal No.827 of 2015 dated 20.07.2015 whereby the Division Bench affirmed the order passed by the learned Single Judge.

2. The appellant applied for the post of Laboratory Assistant Grade II in Export Inspection Council of India functioning under the Ministry of Commerce and Industry, Government of India. The appellant belongs to Dheevara community which is one of the “Other Backward Class”. Since the appellant was aged 26 years, she got age relaxation, as was granted to OBC category candidates. The appellant was one of the eleven candidates from OBC who were called for interview. The appellant secured 82 marks (in the list of candidates from OBC category). One Ms. Serena Joseph (OBC), who secured 93 marks was selected and appointed.

3. Insofar as the general category is concerned, no candidate has secured the minimum cut off marks i.e. 70 marks. Stating that the appellant has to be accommodated in the general category, she filed a Writ Petition before the High Court, which the learned Single Judge dismissed by judgment dated 16.1.2015. Being aggrieved, the appellant challenged the same in Writ Appeal No.827 of 2015, which came to be dismissed, which is impugned in this appeal.

4. The appellant, who has applied under OBC Category by availing age relaxation and also attending the interview under the 'OBC Category' cannot claim right to be appointed under the General Category.

5. The recruitment by the Export Inspection Council of India which is functioning under the Ministry of Commerce, Government of India is governed by the Export Inspection Agency (Recruitment) Rules, 1980. As per Rule 9, the Rules regarding relaxation of age limits and other concessions are to be governed by the Rules and also the orders issued by the Central Government from time to time in this regard. Rule 9 reads as under:-

“9. Saving:

Nothing in these rules affect reservations, relaxation of age limit and other concessions required to be provided for the Scheduled Caste, Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.”

6. Department of Personnel and Training had issued proceedings O.M. No.36012/13/88-Estt. (SCT), dated 22.5.1989 and OM No.36011/1/98-Estt. (Res.), dated 1.7.1998 laying down stipulation to be followed by the various Ministries/Department for recruitment to various posts under the Central Government and the reservation for SC/ST/OBC candidates. The proceedings reads as under:-

“G.I. Dept. of Per. & Trg., O.M. No. 36012/13/88-Estt. (SCT), dated 22.5.1989 and OM No.36011/1/98-Estt. (Res.), dated 1.7.1998

“Subject:-Reserved vacancies to be filled up by candidates lower in merit or even by released standards- candidates selected on their own merits not to be adjusted against reserved quota.

As part of measure to increase the representation of SC/ST in the services under the Central Government, the Government have reviewed the procedure for implementation the policy of reservation while filling up reserved share of vacancies for Scheduled Castes and Scheduled Tribes by direct recruitment. The practice presently being followed is to adjust SC/ST candidates selected for direct recruitment without relaxation of students against the reserved share of vacancies. The position of such SC and ST candidates in the final select list, however, was determined by their relative merit as assigned to them in the selection process. When sufficient number of suitable Scheduled Caste and Scheduled Tribe candidates were not available to fill up all the reserved share of vacancies, SC/ST candidates were selected by relaxed standards.

2. It has now been decided that in cases of direct recruitment to vacancies in posts under the Central Government, the SC and ST candidates who are selected on their own merit, without relaxed standards along with candidates belonging to the o

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2017 Supreme(SC) 354

SUPREME COURT OF INDIAR. BANUMATHI, A.M. KHANWILKAR]NEW DELHI;DEEPA E.V. – APPELLANT(S) VERSUS UNION OF INDIA AND ORS. – RESPONDENT(S) CIVIL APPEAL NO.3609 OF 2017Decided On : 06-04-2017

IMPORTANT POINTAfter applying under reserved category availing the age relaxation and attending as reserved candidate, a candidate cannot claim appointment as general category candidate.

Cases Referred (1)

SUPREME COURT OF INDIA
R. BANUMATHI, A.M. KHANWILKAR]NEW DELHI;
DEEPA E.V. – APPELLANT(S)
VERSUS
UNION OF INDIA AND ORS. – RESPONDENT(S)
CIVIL APPEAL NO.3609 OF 2017
Decided On : 06-04-2017

IMPORTANT POINT
After applying under reserved category availing the age relaxation and attending as reserved candidate, a candidate cannot claim appointment as general category candidate.