Townhall Times New Delhi: The Supreme Court has delivered an important ruling on reservation and recruitment, clarifying that candidates from reserved categories who avail age relaxation benefits cannot claim seats in the General Category. This restriction applies in cases where recruitment rules specifically prohibit such claims.
This decision overturns a Tripura High Court order that had directed that OBC candidates availing age relaxation in paramilitary recruitment should also be considered under the General Category. The apex court held that such an interpretation is contrary to existing rules.
Supreme Court’s Observation
A bench comprising Justice Surya Kant and Justice Joymalya Bagchi stated that once a candidate takes the benefit of age relaxation, they cannot simultaneously be considered under the General Category. The Court emphasized that availing relaxation and claiming unreserved seats cannot go hand in hand unless the recruitment rules explicitly permit it.
Case Background
The matter related to the Staff Selection Commission’s (SSC) Constable (GD) recruitment for forces such as BSF, CRPF, ITBP, SSB, NIA, SSF, and Assam Rifles. The prescribed age limit for general candidates was 18 to 23 years, while OBC candidates were granted three years of relaxation.
Several reserved category candidates applied by availing this relaxation but could not secure selection under the OBC quota. They later argued that since their marks were higher than those of the last selected candidates in the General Category, they should be accommodated there. The Tripura High Court, relying on the 2010 Jitendra Kumar Singh vs State of Uttar Pradesh judgment, had ruled in their favor.
Centre’s Stand
Challenging the High Court’s decision, the Central Government referred to an Office Memorandum dated July 1, 1998, which clearly stated that candidates availing age or other relaxations are not entitled to claim seats in the General Category.
The Supreme Court accepted this reasoning, set aside the High Court’s order, and ruled that any reserved category candidate who avails special concessions such as age relaxation cannot subsequently claim consideration under the General Category.
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