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Union of India & Ors. vs Sajib Roy & Ors.

Not available · 2025 INSC 1084Decided 9 Sept 2025
Not available
Justice Surya Kant · Justice Joymalya Bagchi

Background

The Staff Selection Commission had issued a recruitment notification for Constable (GD) posts in BSF, CRPF, ITBP, SSB, NIA, SSF and Rifleman in Assam Rifles, prescribing an age limit of 18-23 years with age relaxation for OBC and other reserved candidates. The respondents, who were OBC candidates, availed the 3-year age relaxation meant for reserved candidates but then sought to be considered for appointment against unreserved (general) category seats instead. The Delhi High Court had directed that they be considered under the unreserved category, prompting the Union of India to appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that whether a reserved candidate who has availed relaxation (in age or fees) can migrate to unreserved seats depends on whether the recruitment rules/employment notification impose an embargo on such migration. Where no bar exists, high-scoring reserved candidates may migrate to unreserved seats; but where an embargo exists (as it did here, under an Office Memorandum dated 01.07.1998), such migration is not permitted. Since the respondents had availed the age concession meant for OBC candidates, the Court held the High Court erred in relying on an earlier judgment (Jitendra Kumar) that dealt with a different recruitment scheme without such an embargo. The Court set aside the High Court's judgment and allowed the Union of India's appeals.

Lesson Learnt

A candidate who avails a reservation-based concession (like age or fee relaxation) to compete cannot later claim a general/unreserved category seat if the specific recruitment rules prohibit such migration: the answer turns on the exact wording of the recruitment rules, not a one-size-fits-all principle.

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

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