Union of India VS Sajib Roy
Constitution of India , Art.226— Recruitment – Migration of reserved category candidates against unreserved seats – Permissibility – Whether reserved candidate who has availed relaxation in fees/upper age limit to participate in open competition with general candidates may be recruited against unreserved seats, would depend on facts of each case – Where there is no embargo in recruitment rules/employment notification, such reserved candidates who have scored higher marks than last selected unreserved candidate shall be entitled to migrate and be recruited against unreserved seats – However, if embargo is imposed under relevant recruitment rules, such reserved candidates shall not be permitted to migrate to general category seats – Petitioners had availed concession of age for participating in recruitment process – An office memorandum put a clog on such migration – High Court erred in applying ratio in Jitendra Kumar which was distinguishable on facts and permitting them to be considered for appointment in unreserved category – Order allowing migration of reserved candidates against unreserved seats was set aside
WP(C) No. 281/2017, Dt/- 12.10.2018 (Tri)-ReversedRP No. 04/2019, Dt/- 26-02-2019 (Tri)-Reversed(2010) 3 SCC 119 : AIR 2010 SC 1851-Distinguished(Paras 3233)
