SURYA KANT, JOYMALYA BAGCHI
Railway Protection Force – Appellant
Versus
Prem Chand Kumar – Respondent
| Table of Content |
|---|
| 1. factual background of recruitment process. (Para 2 , 3) |
| 2. court's observations on legal standing orders. (Para 6 , 10 , 16 , 17 , 18) |
| 3. arguments regarding eligibility for unreserved category. (Para 7 , 8 , 9 , 11 , 12) |
| 4. ratio decidendi concerning modification of standing orders. (Para 14 , 15) |
| 5. court's final conclusion and order. (Para 19 , 20) |
JUDGMENT :
SLP (C) No. 20866/2019
2. Appellants have assailed judgement and order1 [In Writ Petition (C) No. 1350 of 2017] dated 29.03.2019 whereby the High Court directed the respondents-writ petitioners, who had applied in reserved category and availed relaxation in age and/or physical measurements to participate in the recruitment process and had obtained marks higher than the last selected candidate in the unreserved category, to be appointed in the unreserved category.
Jitendra Kumar Singh vs. State of U.P. and Others
Union of India and Others vs. Sajib Roy
Deepa E.V. vs. Union of India and Others
Niravkumar Dilipbhai Makwana vs. Gujarat Public Service Commission and Others
Government (NCT of Delhi) and Others vs. Pradeep Kumar and Others
Candidates who availed age relaxation in recruitment rules cannot be appointed in unreserved vacancies despite securing higher marks than unreserved candidates.
Reservation – Appointment on post of Constable (GD) – Whether a reserved candidate who has availed relaxation in fees/upper age limit to participate in open competition with general candidates may be....
Candidates from reserved categories must prove non-reliance on eligibility relaxation to be adjusted against unreserved seats; participation without challenge limits claims.
The court ruled that reserved category candidates who availed age relaxation cannot migrate to general category vacancies, ensuring adherence to equal treatment principles.
Reservation policies in public employment must prioritize merit; candidates from reserved categories who qualify for general positions based on merit are to be treated as general category candidates.
Reserved category candidates who score above the general category cut-off must be treated as general candidates, ensuring merit prevails in recruitment processes as mandated by the Constitution.
A reserved category candidate who qualifies based on merit and utilizes relaxations available to all candidates is eligible for selection in the general category, not counted against reserved vacanci....
Congenital abnormalities like nevi are not grounds for disqualification unless they impede duty performance; height relaxations for North-East candidates do not constitute unfair advantages.
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