Union Of India vs Sajib Roy

2025 INSC 1084 REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOs. /2025 (@ SLP (C) Nos.21392-21393/2019)

UNION OF INDIA & ORS. APPELLANT(S)

VERSUS

SAJIB ROY RESPONDENT(S)

With

CIVIL APPEAL NOs. /2025 (@ SLP (C) Nos.21394-21395/2019)

CIVIL APPEAL NOs. /2025 (@ SLP (C) Nos.21926-21927/2019)

And

CIVIL APPEAL NOs. /2025 (@ SLP (C) Nos.22432-22433/2019)

JUDGMENT

Joymalya Bagchi, J.

Signature Not Verified 1. Leave granted. Digitally signed by NITIN TALREJA Date: 2025.09.09 16:29:01 IST Reason: Page 1 of 22

2. Appellants have assailed common impugned judgment

and order dated 12.10.20181 and order dated

26.02.20192 whereby the respondents-writ petitioners

who had applied as reserved candidates in OBC category

after having availed age relaxation for the post of

Constable (GD) were directed to be considered for

recruitment under unreserved category.

3. Facts in a short compass giving rise to the appeals are

as follows –

Staff Selection Commission3 published employment

notification for recruitment of Constables (GD) in BSF,

CRPF, ITBP, SSB, NIA and SSF and Rifleman in Assam

Rifles comprising physical test, written examination and

medical examination. As per the employment

notification, the prescribed age limit for eligible

candidates to participate in the recruitment process was

18 to 23 years as on 01.08.2015 and age relaxation was

given to various reserved candidates4. For OBC

1 In WP (C) No. 277/2017, WP (C) No. 279/2017, WP (C) No. 280/2017 and WP (C) No. 281/2017 2 In Review Application No. 3/2019, Review Application No. 4/2019, Review Application No.

5/2019 and Review Application No. 6/2019 3 SSC for short 4 Employment Notification no. F. No.3/1/2014–P&P-I (vol-II), Para 4A

Page 2 of 22 candidates, i.e., the respondents-writ petitioners, age

relaxation was 3 years5.

4. All the respondents-writ petitioners availed of such age

relaxation for participation in the recruitment process.

However, they were declared unsuccessful as they had

scored marks lower than the last selected candidate in

the OBC category for various departments. But their

marks were higher than the last selected candidate in

the unreserved category for those departments.

Claiming that they ought to be permitted to migrate to

the unreserved category, the respondents-writ

petitioners approached the High Court. Union of India

opposed the prayer on the ground that the respondents-

writ petitioners had applied in the OBC category after

availing age relaxation and under such circumstances

cannot be considered eligible for appointment in

unreserved category.

5. Relying on Jitendra Kumar Singh & Anr v. State of UP &

Ors6, the High Court held that the refusal to permit

5 Para 4B of the aforementioned notification 6 (2010) 3 SCC 119

Page 3 of 22 respondents-writ petitioners to migrate to the

unreserved category though they scored higher than the

last candidate in such category runs counter to the

principles of merit-based recruitment in public services

and would be opposed to the principles of equality

enshrined under Article 14 of the Constitution. The

High Court further held that relaxations in fee and age

for reserved candidates to participate in the selection

process are concessions in aid of reservation and do not

impair the ‘level-playing field’ in the open competition,

i.e., written examination where such candidates have

scored more than those selected under the unreserved

category.

6. Subsequently, Union of India by way of a review petition

placed on record an office memorandum no.

36011/1/98-Estt. (Res) dated 01.07.1998 which inter

alia provided that SC/ST/OBC candidates who have

availed relaxations in age limit, experience qualification

or number of chances in written examinations would be

deemed unavailable for consideration against the

unreserved vacancies. Notwithstanding such office

Page 4 of 22 memorandum the High Court refused to review its

judgment and the review petition came to be dismissed.

7. We have heard Mr. Shailesh Madiyal, learned senior

counsel for the appellants and Dr. Nirmal Chopra and

Ms. Manika Tripathy, learned counsel for the

respondents-writ petitioners.

8. The moot issue which falls for consideration is did the

High Court err in applying the ratio in Jitendra Kumar

(supra) in the teeth of the office memorandum dated

01.07.1998 which put a clog on migration of reserved

candidates who have availed concessions in the form of

age relaxation for appointment in unreserved category?

9. In Jitendra Kumar (supra) this Court was called upon to

decide whether availing relaxation in fees/upper age

limit in the reserved category would disentitle such

candidates from being considered for appointment in the

unreserved seats. The Bench held such relaxations in

fee or age were incidental and ancillary provisions which

made the core concept of reservation under Article 16(4)

effective. Such enlargement of zone of consideration by

giving concession in fees/upper age limit were merely an

Page 5 of 22 ‘aid to reservation’ and enabled the reserved candidate

to participate with others in an open competition on

merit. These concessions did not affect the level-playing

field in the recruitment process wherein both reserved

and unreserved candidates competed against each other

without handicap. The Bench elucidated as follows:-

“75. In our opinion, the relaxation in age does not in any manner upset the “level playing field”. It is not possible to accept the submission of the learned counsel for the appellants that relaxation in age or the concession in fee would in any manner be infringement of Article 16(1) of the Constitution of India. These concessions are provisions pertaining to the eligibility of a candidate to appear in the competitive examination. At the time when the concessions are availed, the open competition has not commenced. It commences when all the candidates who fulfil the eligibility conditions, namely, qualifications, age, preliminary written test and physical test are permitted to sit in the main written examination. With age relaxation and the fee concession, the reserved candidates are merely brought within the zone of consideration, so that they can participate in the open competition on merit. Once the candidate participates in the written examination, it is immaterial as to which category, the candidate belongs. All the candidates to be declared eligible had participated in the preliminary test as also in the physical test. It is only thereafter that successful candidates have been permitted to participate in the open competition.”

Page 6 of 22

10. Having propounded the aforesaid general principles, the

Bench proceeded to decide the case in light of the

relevant recruitment rules:-

“65. In any event the entire issue in the present appeals need not be decided on the general principles of law laid down in various judgments as noticed above. In these matters, we are concerned with the interpretation of the 1994 Act, the Instructions dated 25-3-1994 and the G.O. dated 26-2-1999. The controversy herein centres around the limited issue as to whether an OBC who has applied exercising his option as a reserved category candidate, thus becoming eligible to be considered against a reserved vacancy, can also be considered against an unreserved vacancy if he/she secures more marks than the last candidate in the general category.”

11. It is clear that the decision in Jitendra Kumar (supra)

is not founded on the general principles but on the

interpretation of the relevant statute7, government

order8 and instructions9 regulating the selection

process. It may not be out of place to note Section 8 (1)

of the 1994 Act empowered the State Government to

grant concessions in respect of age limit, fees for

reserved categories in any competitive examination or

7 The U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other

Backward Classes) Act, 1994 (1994 Act for short) 8 GO dated 26.02.1999 9 Instructions dated 25.03.1994

Page 7 of 22 interview. The government instructions dated

25.03.1994 permitted reserved candidates availing such

concessions to be adjusted against unreserved seats10.

12. In light of such government instructions the Bench

held:-

“72. ……From the above it becomes quite apparent that the relaxation in age-limit is merely to enable the reserved category candidate to compete with the general category candidate, all other things being equal. The State has not treated the relaxation in age and fee as relaxation in the standard for selection, based on the merit of the candidate in the selection test i.e. main written test followed by interview.”

13. The ratio in Jitendra Kumar (supra) is clearly

distinguishable on facts. The recruitment process at

hand is regulated by office memorandum dated

01.07.1998 which bars the migration of a reserved

candidate. Office memorandum reads as follows:-

"No.36011/1/98-Estt. (Res) Ministry of Personnel, P.G. & Pensions Department of Personnel & Training New Delhi Dated 01.07.1998 OFFICE MEMORANDUM

10 4. If any person belonging to reserved categories is selected on the basis of merits in open

competition along with general category candidates, then he will not be adjusted towards reserved category, that is, he shall be deemed to have been adjusted against the unreserved vacancies. It shall be immaterial that he has availed any facility or relaxation (like relaxation in age-limit) available to reserved category.

Page 8 of 22 Subject: Relaxations and concessions for SCs and STs clarification regarding.

The undersigned is directed to refer to this Department's O.M.No.36012/13/88-Estt. (SCT) dated May 22, 1989 and to clarify that the instructions contained in the C.M. apply in all types of direct recruitment whether by written test alone or written test followed by interview or by interview alone.

2. O.M. dated May 22, 1989 referred to above and the O.M. No. 36012/2/96-ESTT(RES) dated July 2, 1997 provide that in cases of direct recruitment, the SC/ST/OBC candidates who are selected on their own merit will not be adjusted against reserved vacancies.

3. In this connection, it is clarified that only such SC/ST/OBC candidates who are selected on the same standard as applied to general candidates shall not be adjusted against reserved vacancies. In other words, when a relaxed standard is applied in selecting an SC/ST/OBC candidates for example in the age limit, experience qualification, permitted number of chances in written examination, extended zone of consideration larger then what is provided for general category candidates etc. the SC/ST/OBC candidates are to be counted against reserved vacancies. Such candidates would be deemed as unavailable for consideration against unreserved vacancies.

14. It may be apposite to bear in mind the respondents-writ

petitioners have without demur participated in the

selection process and had not called in question the

Page 9 of 22 constitutional validity of the aforementioned office

memorandum.

15. Given this situation, the High Court erred in

mechanically applying the ratio in Jitendra Kumar

(supra) to the present case without appreciating the

difference in the factual matrix of the present case with

the cited authority. While in Jitendra Kumar (supra) the

government instructions dated 25.03.1994 expressly

permitted reserved candidates who have availed

relaxation in fees/upper age limit etc. to be considered

for appointment in unreserved category, office

memorandum dated 01.07.1998 clearly barred such

migration in the event the reserved candidates had

availed relaxations in age, experience qualification, etc.

16. It is trite the ratio in a judgment must be read in the

facts of a particular case and cannot have universal

application. In Quinn v. Leathem11, Lord Halsbury

remarked:-

“….there are two observations of a general character which I wish to make, and one is to repeat what I have very often said before, that every judgment must be read as applicable to the particular facts proved, or assumed to be proved,

11 [1901] AC 495 (HL)

Page 10 of 22 since the generality of the expressions which may be found there are not intended to be expositions of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found. The other is that a case is only an authority for what it actually decides. I entirely deny that it can be quoted for a proposition that may seem to follow logically from it. Such a mode of reasoning assumes that the law is necessarily a logical code, whereas every lawyer must acknowledge that the law is not always logical at all.”

17. In Haryana Financial Corporation & Anr v. Jagdamba Oil

Mills & Anr12, the Court held:-

“21. Circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases. Disposal of cases by blindly placing reliance on a decision is not proper.

22. The following words of Hidayatullah, J. in the matter of applying precedents have become locus classicus: (Abdul Kayoom v. CIT, AIR p. 688, para

19)

“19. … Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect. In deciding such cases, one should avoid the temptation to decide cases (as said by Cardozo) by matching the colour of one case against the colour of another. To decide, therefore, on which side of the line a case falls, the broad resemblance to another case is not at all decisive.” *** *** *** ***

12 (2002) 3 SCC 496

Page 11 of 22 “Precedent should be followed only so far as it marks the path of justice, but you must cut the dead wood and trim off the side branches else you will find yourself lost in thickets and branches.

My plea is to keep the path to justice clear of obstructions which could impede it.”

18. Whether the general observations in Jitendra Kumar

(supra) could be treated as a binding precedent in

respect of recruitment process where such migration is

not permitted is no longer res integra.

19. In Deepa E. V. v. Union of India & Ors13, a two judge

Bench of this Court taking note of self-same office

memorandum applicable in the present case held the

ratio in Jitendra Kumar (supra) pertained to

interpretation of the 1994 Act and government

instructions dated 25.03.1994 and general principles

made therein were inapplicable to a recruitment process

where such migration is not permitted. The Bench

observed:-

“8. The learned counsel for the appellant mainly relied upon the judgment of this Court in Jitendra Kumar Singh v. State of U.P, which deals with the U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 and

13 (2017) 12 SCC 680

Page 12 of 22 Government Order dated 25-3-1994. On a perusal of the above judgment, we find that there is no express bar in the said U.P. Act for the candidates of SC/ST/OBC being considered for the posts under general category. In such facts and circumstances of the said case, this Court has taken the view that the relaxation granted to the reserved category candidates will operate a level playing field. In the light of the express bar provided under the proceedings dated 1-7-1998 the principle laid down in Jitendra Kumar Singh cannot be applied to the case in hand.

10. Having regard to the observations in paras 65 and 72, in our view, the principles laid down in Jitendra Kumar Singh cannot be applied to the case in hand. As rightly pointed out by the High Court that the judgment in Jitendra Kumar Singh was based on the statutory interpretation of the U.P. Act, 1994 and Government Order dated 25-3-1994 which provides for entirely a different scheme.”

20. Considering similar embargo14 in the recruitment

process, another Coordinate Bench in Gaurav Pradhan

& Ors v. State of Rajasthan & Ors15, held general

observations in Jitendra Kumar (supra) shall not come

in aid of reserved candidates who have availed age

relaxation to migrate to general category. The Bench

observed as follows:-

“32. We are of the view that the judgment of this Court in Jitendra Kumar Singh which was based on statutory scheme and the Circular dated 25- 3-1994 has to be confined to scheme which was 14 Para 6.2 of circular dated 24.06.2008 15 (2018) 11 SCC 352

Page 13 of 22 under consideration, statutory scheme and intention of the State Government as indicated from the said scheme cannot be extended to a State where the State circulars are to the contrary especially when there is no challenge before us to the converse scheme as delineated by the Circular dated 24-6-2008.”

21. These views have been reiterated in Niravkumar

Dilipbhai Makwana v. Gujarat Public Service Commission

& Ors16 and affirmed by a three judge Bench in

Government (NCT of Delhi) & Ors v. Pradeep Kumar &

Ors17.

22. On the other hand, respondents-writ petitioners have

relied on Vikas Sankhala & Ors v. Vikas Kumar Agarwal

& Ors18, Saurav Yadav & Ors v. State of UP & Ors19,

Ajithkumar P. & Ors. v. Remin K. R. & Ors20 and Sadhana

Singh Dangi & Ors v. Pinki Asati & Ors21, to sustain the

view of the High Court that the migration of the reserved

candidate who has scored higher than the last selected

unreserved candidate is permissible. Respondents-writ

petitioners argue that a bar to migration would be in

16 (2019) 7 SCC 383 17 (2019) 10 SCC 120 18 (2017) 1 SCC 350 19 (2021) 4 SCC 542 20 (2015) 16 SCC 778 21 (2022) 12 SCC 401

Page 14 of 22 violation of the principles of equality under Article 14

and counter to maintenance of efficiency of

administration enshrined under Article 335 of the

Constitution.

23. In Vikas Sankhala (supra), the State government had

relaxed the minimum pass marks in Teacher Eligibility

Test22 by 10 percent to 20 percent for various reserved

categories in the matter of recruitment of primary

teachers. It was contended such relaxation was contrary

to the extant reservation policy of the State and

migration of such candidates who availed concession for

recruitment to unreserved categories was illegal.

Reserved candidates relied on a circular dated

11.05.2011 which permitted such migration. Holding

that the said circular was issued after the recruitment

process had commenced and migration was barred as

per earlier circulars, the High Court held appointment

of reserved candidates availing concession in qualifying

marks in TET against unreserved seats was

impermissible.

22 TET for short

Page 15 of 22

24. This Court analysed the concession given to reserved

candidates with regard to qualifying marks in TET in the

context of the recruitment rules which inter alia

prescribed a uniform addition of 20 percent of TET

marks to the final score of each candidate.

Consequently, the reserved candidates who secured

lesser marks in TET would not get any additional

advantage vis-à-vis general candidates in computing the

final scores irrespective of the lowering of the qualifying

marks in TET. The Bench clarified this issue as follows:-

“80. …..One of the heads is “marks in TET”. So far as this head is concerned, 20% of the marks obtained in TET are to be assigned to each candidate. Therefore, those reserved category candidates who secured lesser marks in TET would naturally get less marks under this head. We would like to demonstrate it with an example : Suppose a reserved category candidate obtains 53 marks in TET, he is treated as having qualified TET. However, when he is considered for selection to the post of primary teacher, in respect of allocation of marks he will get 20% marks for TET. As against him, a general candidate who secures 70 marks in TET shall be awarded 14 marks in recruitment process. Thus, on the basis of TET marks reserved category candidate has not got any advantage while considering his candidature for the post. On the contrary, “level-playing field” is maintained whereby a person securing higher marks in TET, whether belonging to general category or reserved category, is allocated higher marks in respect of 20% of TET marks. Thus, in recruitment process no weightage or concession is given and Page 16 of 22 allocation of 20% of TET marks is applied across the board. Therefore, the High Court is not correct in observing that concession was given in the recruitment process on the basis of relaxation in TET.”

25. In this backdrop, the Bench held irrespective of the

applicability of circular dated 11.05.2011 relaxation in

TET qualifying marks does not amount to a concession

which would disentitle migration of reserved candidates

against unreserved seats. The Bench opined:-

“81. Once this vital differentiation is understood, it would lead to the conclusion that no concession becomes available to the reserved category candidate by giving relaxation in pass marks in TET insofar as recruitment process is concerned. It only enables them to compete with others by allowing them to participate in the selection process. In this backdrop, irrespective of the Circular dated 11-5-2011, the reserved category candidates who secured more marks than marks obtained by the last candidate selected in general category, would be entitled to be considered against unreserved category vacancies. However, it would be subject to the condition that these candidates have not availed any other concession in terms of number of attempts, etc., except on fee and age.”

It may also be apposite to note that the earlier circulars

applicable to the selection process23 did not put a

restriction on selection of the reserved candidate

availing concession in TET marks for appointment in

23 See Para 73 and 74 in Vikas Sankhala (supra)

Page 17 of 22 unreserved seats provided they scored higher than the

last selected unreserved candidate.

26. In Ajithkumar (supra) the issue which fell for

consideration was the power of the recruiting authority

to conduct a preliminary examination in order to

shortlist candidates and not the right of a reserved

candidate seeking relaxation to migrate to unreserved

category.

27. In Saurav Yadav (supra) the issue which fell for decision

was whether women OBC candidates could be adjusted

against vacancies in the women general category. The

case involved an interplay between vertical reservation

and horizontal reservation for women. Lalit J., (as His

Lordship then was) permitted the migration holding that

the candidates in question had not availed of any special

benefit which may disentitle them from being considered

against general category seats:-

“42. We must also clarify at this stage that it is not disputed that Applicant 1 and other similarly situated candidates are otherwise entitled and eligible to be appointed in “Open/General Category” and that they have not taken or availed of any special benefit which may disentitle them from being considered against “Open/General Category” seat. The entire discussion and

Page 18 of 22 analysis in the present case is, therefore, from said perspective.”

28. Supplementing this view, Ravindra Bhat J. held that:-

“65. ….it is too late in the day for the respondent State to contend that women candidates who are entitled to benefit of social category reservations, cannot fill open category vacancies. The said view is starkly exposed as misconceived, because it would result in such women candidates with less merit (in the open category) being selected, and those with more merit than such selected candidates, (in the social/vertical reservation category) being left out of selection.”

29. However, such observations were premised on the fact

that there was no rule, or direction which prohibited the

adjustment of socially reserved categories of women in

the general category or open category24.

30. In Sadhana Singh Dangi (supra), the Court again looked

into migration of women candidates availing horizontal

reservation from reserved i.e. OBC category to

unreserved category. The recruitment process

permitted migration in vertical reservation but stated

that the horizontal reservation for women is

compartmentalised. Referring to the observations of

Ravindra Bhat J. in Saurav Yadav (supra) the Bench

24 See Para 57 in Saurav Yadav (supra)

Page 19 of 22 reversed the decision of the High Court barring

migration in horizontal category, observing as follows:-

“22. It is true that the leading judgment in Saurav Yadav [Saurav Yadav v. State of U.P., considered the matter from a general plane but the concurring judgment authored by S. Ravindra Bhat, J. did additionally consider the issue from the perspective of absence of any statutory rules in the field. It is also true that in the instant case, there are rules occupying the field and the case would be a fortiori, but we need not enter into that arena as, in our view, the general propositions laid down in Saurav Yadav by themselves are sufficient to take care of the controversy which has arisen in the instant matters.

23. The law laid down in Saurav Yadav is very clear that even while applying horizontal reservation, the merit must be given precedence and that if the candidates who belong to SCs, STs and OBCs have secured higher marks or are more meritorious, they must be considered against the seats meant for unreserved candidates.

These observations in Sadhana Singh Dangi (supra)

must be read in the factual matrix of the case which

permitted migration of candidates in vertical reservation

unlike the present case.

31. In Bharat Sanchar Nigam Limited & Anr. v. Sandeep

Chaudhary & Ors25, the cut off marks was reduced for

both OBC and general candidates and no special

25 (2022) 11 SCC 779

Page 20 of 22 concession was given to OBC candidates. Under these

circumstances, the Court permitted the OBC candidates

who had scored higher marks than the last selected

candidate in the general category to avail unreserved

seats.

32. On an analysis of the aforecited cases, we summarise as

follows:

Whether a reserved candidate who has availed

relaxation in fees/upper age limit to participate in open

competition with general candidates may be recruited

against unreserved seats would depend on the facts of

each case. That is to say, in the event there is no

embargo in the recruitment rules/employment

notification, such reserved candidates who have scored

higher than the last selected unreserved candidate shall

be entitled to migrate and be recruited against

unreserved seats. However, if an embargo is imposed

under relevant recruitment rules, such reserved

candidates shall not be permitted to migrate to general

category seats.

Page 21 of 22 33. Accordingly, we hold as the respondents-writ petitioners

had availed concession of age for participating in the

recruitment process, in the teeth of office memorandum

dated 01.07.1998, the High Court was wrong in applying

the ratio in Jitendra Kumar (supra) and permitting them

to be considered for appointment in the unreserved

category. Consequently, we set aside the common

impugned judgment and order dated 12.10.2018 and

order dated 26.02.2019 and allow the appeals. Pending

application(s) if any, stand disposed of.

………………………………………., J (SURYA KANT)

………………………………………, J (JOYMALYA BAGCHI) New Delhi, September 09, 2025.

Page 22 of 22