The Supreme Court has held that candidates from the SC, ST and OBC categories who avail benefits such as age or physical measurement relaxations cannot be appointed under the general category even if they score higher marks than unreserved candidates if the recruitment rules or office memoranda expressly prohibit such migration.

A bench of Justices Surya Kant and Joymalya Bagchi passed the judgment on Tuesday while setting aside a Delhi High Court order that had taken a contrary view and directed the appointment of candidates aspiring for posts of constables and other Class IV jobs in the Railway Protection Force (RPF). The recruitment exams were conducted by the Railway Recruitment Board.

In another connected matter relating to recruitment of an assistant commandant in the Central Industrial Security Force (CISF), the bench on Tuesday took a different view to say that SC-ST candidates are entitled to be considered for appointment in the general category if they secure more marks than the unreserved candidates, provided the rules specifically empower such migration of reserved candidates to the unreserved slots.

In the first case, the court agreed with the RPF’s argument that reserved category candidates who availed age or physical measurement relaxations, even if they had scored above the general category cut-off in the written
test, could not be considered for unreserved posts due to a specific bar in the governing rules. In support of such a plea, the RPF referred to standing order number 85 of March 5, 2009.

Interpreting the two conflicting office orders, Justice Bagchi observed: “In light of the aforesaid discussion, particularly the bar envisaged in standing order number 85 read with revised directive number 29, we are of the view the high court erred in directing the respondents-writ petitioners to be selected against the unreserved posts. The impugned judgment and order is set aside. Appeal is allowed.”

However, in another case involving an individual from the general category as a candidate for the post of assistant commandant in CISF, the bench stated that if the office memorandum clearly permits the migration of a reserved candidate to the general category, then such migration is permissible.

“In light of the aforesaid discussion, we are of the view that the judgment and order of the high court does not call for interference. Appeal is dismissed…” Justice Bagchi said.