SC will examine whether OBC candidates who use age relaxation can be considered for general-category vacancies if they score higher than selected general-category candidates. (AI-generated image)
NEW DELHI: An overage OBC candidate from Tripura became eligible to take the test for recruitment of constables for CAPFs, NIA, Secretariat Security Force and rifleman in Assam Rifles after taking age-relaxation benefit available for reserved category candidates but was not selected despite securing higher marks than a selected general category candidate.The cut-off mark for OBC candidates was 60, which was higher than that for general category candidates, which the Centre said was because of the limited number of vacancies available in the OBC category. Moreover, once an OBC candidate availed age-relaxation benefit to become eligible, he could not seek migration from reserved category to general category, it said.This resulted in OBC candidate Jayant Debnath, despite securing 55.1 marks in the 2018 recruitment test, not being selected, while general category candidate Sagar Debnath got selected with 46.26 marks.The single-judge bench and the division bench of Tripura HC, concurrently, ruled that Jayant needed to be considered for selection as constable.Appealing against the HC judgements, additional solicitor general Aishwarya Bhati Monday told an SC bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana that recruitment rules clearly specified that once a candidate availed age relaxation on the ground that he belonged to a reserved category, he or she would not be permitted to migrate from reserved category to general category.
The bench agreed to examine the correctness of the HC judgement, which had said there was no legal principle prohibiting candidates belonging to reserved categories from claiming unreserved vacancies merely because they had availed benefits applicable to reserved categories.
The Centre said, “The present case concerns a candidate who admittedly availed age relaxation exclusively available to OBC candidates and thereby became eligible to participate in the recruitment process only under the reserved category.” It stressed that in such cases, migration from reserved to general category was expressly prohibited by the recruitment rules.“The impugned judgement would have far-reaching consequences for recruitments conducted by SSC and other recruiting agencies throughout the country. It would enable candidates who have availed reservation-specific concessions to seek migration to unreserved vacancies contrary to recruitment rules, thereby unsettling concluded selections, disturbing category-wise merit determination, prejudicing the rights of unreserved candidates, and generating widespread administrative uncertainty in public recruitment.”