Cuttack, May 15: Orissa High Court has ruled that a reserved category candidate can be considered for appointment in the unreserved category, only when he or she satisfies all eligibility conditions set for the unreserved category candidates.

The high court gave the ruling while quashing an order, in which the State Administrative Tribunal had ordered for appointment of a socially and educationally backward class (SEBC) category applicant for the post of fireman driver in the unreserved category, although he had crossed the prescribed age limit. According to the norms, an unreserved category candidate is expected to be in the age group between 18 and 25 years, while a reserved category candidate is given five years relaxation.

One Asish Kumar Mohapatra, a 29-year-old applicant under the SEBC reserved category, moved the tribunal when a 25-year-old applicant under the same category had secured 37 marks and was selected in the unreserved category. Mohapatra secured 37.5 marks, while the last selected candidate in the SEBC category had scored 42. The petitioner claimed that he should have been selected as he had scored more marks than the person, who got the job.

Acting on the petition, the tribunal directed the authorities to consider Mohapatra's candidature under the unreserved category and directed them to appoint him, and if required, remove the SEBC candidate, who got selected in the unreserved category.

The state government challenged the tribunal order in the high court.

While quashing the tribunal order, the division bench of Justice Sanju Panda and Justice S.N. Prasad observed: "We are of the view that the tribunal has lost its sight in adjudicating the issue by not taking into consideration the factual aspects and settled legal proposition. In view thereof, we are of the view that the order passed by the tribunal is not sustainable, in the result the same is set aside."

The authorities had selected the SEBC category candidate under the unreserved category as he had scored 37 against the 36.5 cut-off marks in the unreserved category and was well within the age group of 18 to 25 years as he was 24 years old at the time of applying for the post.

"The tribunal without looking into this aspect of the matter has passed the order, but while doing so, it failed to consider that Asish Kumar Mohapatra was not at all eligible to be considered under the unreserved category being age barred according to the terms and conditions of the prescribed age limit," one of the judges observed in the May 3 order, the copy of which was available today.

According to prescribed rule, when a reserved category candidate gets marks on a par with an unreserved category candidate, his or her candidature would be considered under the unreserved category, making room for other members of the reserved category.

The judges ruled that the authorities "rightly have not considered" the candidature of Mohapatra under the unreserved category candidates because he was at the age of 29 on the date of consideration of his candidature.

They also observed: "The tribunal failed to consider that the other SEBC candidate, who has got engagement under the unreserved category, was on a par with the candidates belonging to unreserved category and he was eligible in all respect to be considered under the unreserved category."

The high court indicted that the tribunal for accepting the contention of Mohapatra as it "cannot be accepted and is not sustainable in the eye of law because for being appointed or for being considered, a candidate under unreserved category, he has to be eligible in all respect" according to the recruitment terms and conditions.