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2025 Supreme(SC) 1652

SURYA KANT, JOYMALYA BAGCHI
Union Of India – Appellant
Versus
Sajib Roy – Respondent


Advocates appeared:
For the Petitioner(s): in It.9 & 10 : Mr. Shailesh Madiyal, Sr. Adv. Ms. Priyanka Das, Adv. Mr. Rajan Kumar Chourasia, Adv. Mr. Apoorva Kurup, Adv. Mr. Mukul Singh, Adv. Mr. Pratyush Srivastav, Adv. Mr. Sharath Narayan Nambiar, Adv. Mr. Ashok Panigrahi, Adv. Mr. Shreekant Neelappa Terdal, AOR
For the Respondent(s): Dr. Nirmal Chopra, AOR Mr. T. N. Singh, AOR Mr. Vikas K. Singh, Adv. Dr. Sham Chand, Adv. Mr. Shubhranshu Padhi, AOR Mr. Jay Nirupam, Adv. Mr. D. Girish Kumar, Adv. Mr. Pranav Giri, Adv. Mr. Ekansh Sisodia, Adv.
In It.10 : Ms. Manika Tripathy, AOR Mr. Ashutosh Kaushik, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The case involves the interpretation of reservation policies and the eligibility of reserved candidates who have availed of relaxations, such as age relaxation, in recruitment processes for the post of Constable (GD) (!) .

  2. The central issue is whether reserved candidates who participated in open competition after availing relaxation in fees or age limits can be recruited against unreserved seats, especially when their scores are higher than the last unreserved candidate (!) (!) .

  3. The relevant recruitment rules and government instructions differentiate between candidates selected on merit and those who have availed of concessions, with specific provisions that restrict migration of reserved candidates who have used relaxations in certain circumstances (!) (!) .

  4. The Court clarified that relaxation in age or fees serves to enable reserved candidates to compete equally in the selection process and does not inherently affect their merit or eligibility for unreserved seats unless specific embargoes are imposed by recruitment rules or notifications (!) (!) .

  5. An important distinction is made between relaxations permitted as an incidental aid to reservation and those that constitute a barrier to migration. The presence of an embargo under the recruitment rules is crucial in determining eligibility for unreserved seats (!) (!) .

  6. The Court emphasized that the applicability of prior judgments depends on the factual and legal context, especially the statutory or procedural provisions governing the recruitment process. The principles are not universally applicable without considering the specific rules in place (!) (!) .

  7. The decision underscores that if there is no embargo in the recruitment rules, reserved candidates who score higher than the last unreserved candidate are entitled to be considered for unreserved seats, regardless of whether they availed of relaxations (!) .

  8. Conversely, if an embargo is imposed under relevant rules, such reserved candidates cannot migrate to unreserved seats, even if they have higher scores (!) .

  9. The Court set aside the earlier judgment that allowed reserved candidates to be considered for unreserved seats despite having availed of relaxations, reaffirming the importance of the specific recruitment rules and memoranda (!) .

  10. Overall, the outcome hinges on the specific provisions and embargoes in the recruitment notifications and rules, with the Court ruling in favor of the appellants where such embargoes are present, thereby disallowing reserved candidates who used relaxations from migrating to unreserved categories in this case (!) .

Please let me know if you require a detailed analysis or further assistance.


JUDGMENT :

Joymalya Bagchi, J.

1. Leave granted.

2. Appellants have assailed common impugned judgment and order dated 12.10.20181[In WP (C) No. 277/2017, WP (C) No. 279/2017, WP (C) No. 280/2017 and WP (C) No.281/2017] and order dated 26.02.20192[In Review Application No. 3/2019, Review Application No. 4/2019, Review Application No. 5/2019 and Review Application No. 6/2019] whereby the respondents-writ petitioners who had applied as reserved candidates in OBC category after having availed age relaxation for the post of Constable (GD) were directed to be considered for recruitment under unreserved category.

3. Facts in a short compass giving rise to the appeals are as follows –

Staff Selection Commission3[SSC for short] published employment notification for recruitment of Constables (GD) in BSF, CRPF, ITBP, SSB, NIA and SSF and Rifleman in Assam Rifles comprising physical test, written examination and medical examination. As per the employment notification, the prescribed age limit for eligible candidates to participate in the recruitment process was 18 to 23 years as on 01.08.2015 and age relaxation was given to various reserved candidates4[Employment Notification no. F. No.3/1/2014–P&P

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