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Supreme Court of India 2025-09-09 allowed

Union of India & Ors vs Sajib Roy

Bench: 2 — Surya Kant, Joymalya Bagchi

In Brief

The Supreme Court addressed whether reserved category candidates (OBC) who availed age relaxation to compete in an open recruitment for Constables could later be considered for unreserved seats despite scoring higher than the last selected unreserved candidate. The Court held that the permissibility of such migration depends on the specific recruitment rules. Where an office memorandum explicitly bars migration of reserved candidates who availed relaxations, such migration is prohibited. The Court distinguished the present case from Jitendra Kumar Singh, which applied different statutory rules, and upheld the Union's position, allowing the appeals and setting aside the High Court's direction permitting the candidates' migration to unreserved seats.

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Constitutional Law Reservation in Public Services Recruitment Equal Protection Civil Procedure

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