IMPORTANT POINT
The court ruled that reserved category candidates who availed age relaxation cannot migrate to general category vacancies, ensuring adherence to equal treatment principles.

ORDER :

1. The petitioner applied for the post of ‘Safai Karmchari’ in pursuance of the notification/advertisement dated 13.04.2018 under the general category. His grievance is that the candidates belonging to the reserved category were recruited under the general category therefore, the petitioner had been deprived from the consideration under the general category.

2. Learned counsel representing the petitioner submits that similar kind of writ appeals were filed before the Division Bench of this Court and the Court in D.B. Spl. Appeal Writ No. 1733/2018 (Virendra Kumar & Ors. Vs. State of Rajasthan & Anr.) and batch of appeals pronounced the judgment on 09.08.2019 while disposing the appeals. The relevant portion of the said judgment reads as follows:

“24. The next important question is whether names of candidates of any reserved category, who availed a chance in the draw of lots for that category, can nevertheless be included in the draw of lots or lottery held for general category candidates. The appellants had sought to urge that granting such opportunity would be an additional one, because those (applicants) who do not belong to any reserved category are given only one chance.

25. It was argued on behalf of some of the unsuccessful candidates that permitting “migration” to reserved category candidates and including the names of those, who had availed age relaxation, is contrary to law and Article 14. Here, it was submitted that such candidates got the benefit of a concession, which enabled them to participate in the draw of lots vacancies earmarked for such reserved categories. Having availed of that chance, they could not- on the strength of such age relaxation- be permitted to participate in the draw of lots held for general category candidates. This Court finds merit in the submission. This issue had arisen earlier as well. In Gaurav Pradhan and Ors. vs. State of Rajasthan & Ors. (2018) 11 SCC 352 the Supreme Court held as follows:

“46. As noticed above Rule 7(1) of 1989 Rules expressly provides that “reservation of vacancies for the Scheduled Castes and the Scheduled Tribes shall be in accordance with the orders of the Government for such reservation in force at the time of recruitment i.e. by direct recruitment and by promotion.” The circular of the Government shall be treated to be in force for the purpose of reservation which is in force at the time of recruitment. Recruitment commenced by the advertisement dated 7.10.2010 and 25.10.2010 at that time only circular dated 24.06.2008 was in force, hence, subsequent circular dated 11.05.2011 cannot be applied in the present recruitment. There cannot be any dispute that the policy of reservation can always be changed by the State Government and the State Government can change the manner and methodology of implementing the reservation and criteria of reservation of the reserved category candidates and general category candidates. It is also relevant to note that both learned Single Judge and Division Bench have not approved circular dated 11.05.2011 in toto. Both the Courts have held that apart from age relaxation, if the candidate has taken any other relaxation circular dated 11.05.2011 cannot help him in migrating into general category candidate.

47. We are thus of the opinion that Division Bench erred in modifying the judgment of the learned Single Judge and holding that candidates availing relaxation of age belonging to reserved category-candidates who find place in merit list of the general/open category has to be treated to be included in the general/open category. The above conclusion of the Division Bench is unsustainable for the reason as indicated above.

48. In view of the foregoing discussion, we are of the considered opinion that the candidates belonging to SC/ST/BC who had taken relaxation of age were not entitled to be migrated to the unreserved vacancies, the State of Rajasthan has migrated such candidates who have taken concession of age against the unreserved