Reserved category candidates cannot go to general category if rules prevent it- Supreme Court

The Supreme Court has said that reserved category participants who have availed relaxation in fees or upper age limit in an open competition with the general category cannot be considered for selection in the vacancies of the unreserved category, if the recruitment rules prohibit such transfer (embargo).

A bench of Justices Suryakant and Joymala Bagchi, while approving an order of the Tripura High Court, said that if unreserved category participants have availed relaxation in fees or upper age limit in the course of competition with the unreserved category, whether they can be recruited on unreserved seats or not will depend on the facts of each case.

During recruitment where there is no embargo in the rules or employment notification - SC

The apex court clarified in a case that during such recruitment where there is no embargo in the rules or employment notification, the reserved category participant who gets more marks than the last selected unreserved candidate should have the right to transfer and get recruited on unreserved seats. The bench clarified that where any embargo is imposed under the recruitment rules, reserved candidates will not be allowed to move to general category seats.

Center challenged the order of the High Court

Let us tell you that in a case, the Center had challenged the order of the High Court, which directed that the petitioners who applied as reserved candidates in the OBC category after taking advantage of age relaxation for the post of constable should be considered for recruitment under the unreserved category. These candidates had applied under the OBC category and qualified by taking advantage of this relaxation.

However, they were declared unsuccessful as their marks were less than the last selected candidate in the OBC category in various departments. But their marks were higher than the last selected candidate in the unreserved category in those departments. The petitioners filed a plea in the high court claiming that they should be allowed to move to the unreserved category.

(With inputs from news agency PTI)