Deepa E.V. v. Union of India & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 3609 of 2017)Decided 6 Apr 2017
Civil Appeal No. 3609 of 2017
Justice R. Banumathi · Justice A.M. Khanwilkar

Background

The appellant, belonging to the Dheevara community (an Other Backward Class), applied for a Laboratory Assistant post in the Export Inspection Council of India under the OBC category and availed an age relaxation granted to OBC candidates. Although she scored well among OBC candidates, another OBC candidate with higher marks was selected for the OBC vacancy; since no General category candidate met the cut-off, the appellant argued she should be considered and appointed against the unfilled General category vacancy. Her writ petition and subsequent writ appeal before the Kerala High Court were both dismissed, leading to this appeal.

Decision Breakdown

The Supreme Court held that under the specific recruitment rules governing this Council (the Export Inspection Agency Recruitment Rules, 1980) read with a 1998 Government circular, there was an express bar preventing a candidate who had availed an age relaxation as an OBC candidate from later being considered against a General category vacancy. The Court distinguished the appellant's reliance on an earlier judgment (Jitendra Kumar Singh) involving a Uttar Pradesh law, noting that law had no such express bar and operated on a different statutory scheme, so its reasoning could not be transplanted here. Since the appellant had chosen to apply and compete as an OBC candidate with the benefit of relaxation, and had not even challenged the validity of the governing 1998 circular, the Court found no merit in the appeal and dismissed it, affirming the High Court's decision.

Lesson Learnt

A candidate who applies for a post and avails of reservation-related concessions (like an age relaxation) under a specific category cannot later claim a right to be considered under the General/unreserved category if the applicable recruitment rules expressly bar such a switch: the governing rules of the particular recruiting body matter more than general principles drawn from a different law.

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