IMPORTANT POINT
A candidate availing any of the relaxed standards for reserved category, if selected, have to be considered only against reserved post. Cannot be considered against unreserved post.

JUDGMENT

S. ABDUL NAZEER, J.

1. Leave granted.

2. The question for consideration in this appeal is whether a candidate who has availed of an age relaxation in a selection process as a result of belonging to a reserved category, can thereafter seek to be accommodated in/or migrated to the general category seat?

3. Brief facts of the case which are necessary for deciding this appeal are:

4. Gujarat Public Service Commission (for short 'GPSC') had issued an advertisement dated 01.03.2010 and corrigendum thereafter for 47 posts of Assistant Conservator of Forests (for short 'ACF') (Class-II) and 120 posts of Range Forest Officer (for short 'RFO') (Class-II). As per the said advertisement and corrigendum, total 84 posts were to be filled in from unreserved (general category) candidates. Out of the said 84 posts, 26 posts were reserved for women candidates, 48 posts were to be filled in from socially and economically backward classes (for short 'SEBC') category candidates. Out of 48 posts for SEBC category candidates, 18 posts were reserved for women candidates, 9 posts were to be filled in from Scheduled Caste (for short 'SC') category candidates, out of which 2 posts were reserved for women candidates. Similarly, 26 posts were to be filled in from Scheduled Tribe (for short 'ST') category candidates, out of which 8 posts were reserved for women candidates. It was also stipulated in the advertisement that 25% of the vacancies shall, as far as practicable, be filled up by appointing candidates who possess BSc degree with Forestry as the principal subject. GPSC had stipulated in the advertisement that the candidates should submit their on-line applications from 01.03.2010 to 06.04.2010. The details about the educational qualifications, age, mode of examination as well as the steps to submit the application have been narrated in the advertisement.

5. GPSC conducted preliminary test on 30.05.2010 and main written examination was held from 27.05.2013 to 02.06.2013. The result of the main written examination was declared on 21.05.2014. 505 candidates who cleared the main written examination were called for physical measurement test. Personal interviews were conducted from 16.06.2014 to 31.07.2014.

6. The appellant submitted an application in the category of SEBC. He successfully passed the examination conducted by GPSC. In the list of selected candidates published on 25.09.2014, he was shown at serial no.138.

7. It is the case of the appellant that while preparing the merit list, GPSC has ignored the judgment of this Court in Jitendra Kumar Singh and Anr. v. State of Uttar Pradesh and Ors., 2010 (3) SCC 119. Therefore, the appellant filed Special Civil Application No. 1100 of 1015 before the learned Single Judge of the High Court of Gujarat challenging correctness of the aforesaid select list.

8. The learned Single Judge by his order dated 11.06.2015 allowed the application in the following terms:

"The action of considering the meritorious reserved category candidates (who secured their position in general/open category on account of their performance) in their respective reserved category only because they availed benefit of "concession" which cannot be considered as "relaxation in merits" also set aside since it is found to be contrary to the decision of Hon'ble Apex Court in the case of Jitendra Kumar Singh (supra)."

9. Being aggrieved and dissatisfied with the order of the learned Single Judge, GPSC filed Letters Patent Appeal praying for setting aside of the order passed by the learned Single Judge. The Division Bench of the High Court by order dated 15.03.2017 has allowed the appeal and set aside the order of the learned Single Judge as under:

"Keeping in view the decisions rendered by the Hon'ble Supreme Court as well as this Court discussed hereinabove and in view of the discussion made by us in the aforesaid paragraphs, we are of the opinion that the State of Gujarat has framed the reservation policy by Government Resolution dated 11.2.1986