In a significant ruling delivered on September 9, 2025, the Supreme Court set aside a Calcutta High Court judgment that had allowed OBC candidates, who availed age relaxation, to compete for unreserved category posts in constable recruitment. The bench comprising Justice Surya Kant and Justice Joymalya Bagchi clarified that once a candidate takes the benefit of relaxation in age, they cannot be considered under the general category.
Background
The dispute originated from a Staff Selection Commission (SSC) recruitment drive for Constable (GD) posts in BSF, CRPF, ITBP, SSB, NIA, SSF, and Assam Rifles. The prescribed age limit was 18–23 years, but OBC candidates were given a relaxation of three years. Several candidates, including Sajib Roy, used this relaxation to apply.
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Though these candidates failed to secure posts in the OBC quota, their marks were higher than the last selected candidates in the general category. Arguing that merit should prevail, they approached the Calcutta High Court, which ruled in their favor citing the earlier Supreme Court precedent in Jitendra Kumar Singh v. State of UP (2010).
The Union of India challenged this decision, pointing to an Office Memorandum dated July 1, 1998, that clearly barred candidates availing age or other relaxations from being considered against unreserved seats.
Court’s Observations
The apex court noted that the High Court had “mechanically applied” the Jitendra Kumar case without accounting for the 1998 Office Memorandum. Justice Bagchi remarked, “Whether a reserved candidate who availed age relaxation can migrate to general category depends on the recruitment rules. If an embargo exists, migration is not permissible.”
The bench also referred to earlier rulings such as Deepa E.V. v. Union of India (2017) and Gaurav Pradhan v. State of Rajasthan (2018), where similar restrictions were upheld. The court emphasized that precedents must be read in context, and general principles cannot override explicit government rules.
Decision
Concluding the matter, the Supreme Court held that since the candidates had availed age relaxation, they were barred from being considered in the unreserved category. The impugned Calcutta High Court orders dated October 12, 2018, and February 26, 2019, were set aside. The Union of India’s appeals were allowed, bringing clarity to recruitment rules that have long caused confusion among aspirants.
Case Name: Union of India & Ors. v. Sajib Roy & Ors.
Date of Judgment: 9 September 2025
