Supreme Court: Selection of Reserved Category Candidates for General Seats Conditional

The Supreme Court has ruled that candidates belonging to reserved categories can be considered for selection to general category posts only under specific conditions. If they have availed benefits such as age relaxation or fee concessions meant exclusively for reserved categories, their selection for unreserved seats cannot be considered unless the recruitment rules explicitly allow it.

 

A bench comprising Justice Suryakant and Justice J.B. Pardiwala clarified that while candidates from Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC) can compete for general category positions, the eligibility criteria must be uniform for all candidates. If reserved category candidates use any relaxations not available to general category candidates, their selection for unreserved seats becomes subject to the specific provisions of the recruitment rules.

 

The judgment came in response to a challenge against a Tripura High Court order, which had directed that candidates from reserved categories who had benefited from age relaxation should still be considered for unreserved vacancies if they ranked high in merit. The Supreme Court disagreed, stating that such selection depends on the specific language of the recruitment advertisement and whether it contains a "transfer or embargo clause."

 

The court explained that if no such restriction is mentioned in the recruitment notification, then candidates from reserved categories who score higher than the last unreserved candidate should be selected on merit. However, if the recruitment rules or notifications specify that using age or fee relaxation disqualifies them from being considered for unreserved posts, then their selection under the general category is not permissible.

 

The decision underscores the importance of clearly defined recruitment guidelines and ensures a level playing field for all candidates. It also seeks to prevent ambiguity in the selection process, particularly in competitive examinations where candidates from different categories compete for limited positions.