LegalAware
LegalAware.ai
EMPOWERING LEGAL AWARENESS

Gaurav Pradhan and Ors. v. The State of Rajasthan and Ors.

Civil Appeal · 2017 INSC 773Decided 18 Aug 2017
Civil Appeal No. 8351 of 2017
Justice A.K. Sikri · Justice Ashok Bhushan

Background

General-category candidates who had applied for posts of Police Constable and Sub-Inspector in Rajasthan challenged the State's practice of allowing reserved-category (SC/ST/OBC) candidates who had availed age relaxation to be "migrated" into unreserved/general vacancies if they scored more marks than the last general candidate. A State circular dated 11.05.2011, issued after the recruitment process had already begun under an earlier 2008 circular, changed the migration criteria to permit such migration regardless of relaxation availed. The Rajasthan High Court's Division Bench had upheld migration even for age-relaxation candidates, prompting the general-category candidates to appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that the 2011 circular could not apply retrospectively to a recruitment process that began under the earlier 2008 circular, under which only candidates who had not availed any concession besides the fee concession (i.e., not age relaxation) could migrate to general/unreserved vacancies. Relying on its own recent ruling in Deepa E.V. v. Union of India and distinguishing Jitendra Kumar Singh v. State of U.P. (which turned on a different statutory scheme), the Court concluded the Division Bench erred in allowing age-relaxation beneficiaries to be treated as general-category candidates. However, since the already-appointed reserved-category migrants had been working in those posts for several years through no fault of their own, the Court balanced the equities: it did not disturb their appointments but directed the State to separately appoint the wrongly-displaced general-category candidates within three months, using existing vacancies or by creating supernumerary posts if needed. All the connected appeals were allowed on these terms.

Lesson Learnt

Changes to recruitment eligibility criteria (like reservation/migration circulars) cannot normally be applied retroactively to a selection process already underway, and where an administrative error has already created vested rights for some wrongly-benefited candidates, courts may balance equities by protecting those appointments while still compensating the people who were wrongly denied their rightful selection, rather than displacing anyone already in service.

Official source (sci.gov.in)View Judgment (PDF)

More rulings in Service & Administrative Law

Service & Administrative LawSupreme Court of India

M. Prema v. The State of Tamil Nadu Rep. by its Secretary to the Government and Ors.

The Supreme Court agreed with the High Court that Direct recruits, having come through the regular competitive process, rank above Special appointees, who entered through temporary appointments later regularised. However, it held the High Court was wrong to rank Compassionate appointees above Direct recruits merely because of an executive Government Order fixing their seniority by appointment date: such an executive order cannot override the basic service-law principle that employees selected through a regular process must rank senior to those who entered through exceptions like compassionate appointment. The Court further held that, as between Special appointees and Compassionate appointees, seniority should be fixed by date of regularisation rather than any other formula. The Transferred Cases were dismissed, and the Civil Appeals were disposed of/allowed to the extent needed to reflect this ranking (Direct recruits > Compassionate appointees > Special appointees, broadly, subject to date-of-regularisation for the latter two inter se).

Decided 9 Oct 2026Read case
Service & Administrative LawSupreme Court of India

State of Bihar & Ors. v. Nandeshwar Kumar

The Supreme Court allowed Bihar's appeal and set aside the reinstatement order. It held that eligibility had to be assessed under the 2006 recruitment rules governing Kumar's 2007 appointment, rather than solely by the date of his training certificate. He lacked a certificate from an NCTE-recognised training institution as required for that appointment, so obtaining the certificate before the NCTE law took effect did not establish eligibility. The Court noted the inadequate material behind earlier findings about the college's genuineness, but resolved this appeal on the statutory qualification requirement rather than declaring the certificate fake.

Decided 7 Oct 2026Read case
Service & Administrative LawSupreme Court of India

Chhaganbhai Kohyabhai Pateliya & Ors. v. State of Gujarat & Ors.

The Supreme Court allowed the appeal in the terms it set out. Because the Single Judge was dealing with a batch of employees, the Court held that each claimant must apply, and the authorities must verify each claim and pay the increment and revise pension and retiral dues accordingly. It extended the same benefit to the proforma respondents who had not joined the appeal. It directed the authorities to release the amounts due within 30 days, failing which interest at 6% per annum would be payable from the date of default. It also left the individual calculations to the authorities, relying on its earlier orders on arrears and interest.

Decided 6 Oct 2026Read case
Service & Administrative LawDelhi High Court

Axay Kumar vs. Union of India & Ors.

The Court granted leave and liberty to withdraw, and the writ petition was disposed of as withdrawn, with the petitioner free to file afresh in accordance with law. No findings were made on the underlying grievance.

Decided 6 Oct 2026Read case
Service & Administrative LawSupreme Court of India

Santosh B. Naik v. State of Goa & Ors.

The Supreme Court held that the High Court had erred in interfering with the selection committee's eligibility decision, which was in accordance with the Recruitment Rules for the post and the advertisement. The Court set aside the High Court's judgment, along with the other candidate's later appointment, and restored the committee's decision and the appellant's temporary appointment. It clarified that its conclusion applies only to the Recruitment Rules for this post and expresses no view on the general recognition of NIOS qualifications for other purposes.

Decided 6 Oct 2026Read case
Service & Administrative LawDelhi High Court

Anil Kumar Tanwar vs. The Central Bureau of Investigation & Anr.

The Court disposed of the writ petition on the parties' agreed terms: the CBI was directed to file its reply to the pending application within two weeks, both sides were to exchange short notes of submissions before the Tribunal, neither side could seek adjournments when the matter is listed, and the Court requested the Tribunal to finally decide the matter (which involves a transfer) on 29 October 2026.

Decided 6 Oct 2026Read case