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Supreme Court of India 2019-07-04 dismissed

Niravkumar Dilipbhai Makwana vs Gujarat Public Service Commission & Ors

Bench: 2 — S. Abdul Nazeer

In Brief

The Supreme Court held that a candidate belonging to a reserved category (SC/ST/SEBC) who avails of age relaxation during a recruitment selection process cannot later claim accommodation in or migration to general category seats. The appellant, an SEBC candidate who obtained age relaxation and was selected for the post of Assistant Conservator of Forests, sought to be placed in the general category. The Court found that age relaxation granted to reserved category candidates constitutes an aspect of reservation under Article 16(4) of the Constitution and is governed by State circulars dated 29.01.2000 and 23.07.2004. The Court distinguished Jitendra Kumar Singh, which applied to a different statutory scheme. The appeal was dismissed, holding that once a relaxed standard is applied, the candidate must be adjusted against reserved posts only.

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Constitutional Law Reservation Civil Services Scheduled Castes and Scheduled Tribes Age Relaxation Public Service Commission Administrative Law

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