Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law - Recruitment - Migration of reserved category candidates against general category vacancies - The Rajasthan Police Subordinate Service Rules 1989 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law - Recruitment - Migration of reserved category candidates against general category vacancies - The Rajasthan Police Subordinate Service Rules, 1989 - r.7 -Advertisements in 2010 inviting applications for selection on posts of Constables and Sub-Inspector of Police - During process of selection, the State Government issued a circular dated 11.05.2011 providing that candidates of SC/ST/BC irrespective of whether they have availed of any concession including relaxation in age, shall be migrated against general category vacancies if they secured more marks than the last candidate of general category - Writ petitions filed by general category candidates challenging the said circular - Held: Circular ·dated 11.05.2011 was issued by the State during the process of recruitment - However, the recruitment process in the present case had begun prior to the issuance of said circular, when circular dated 24.06.2008 ,was in force which provided that reserved category candidates who have taken concession like age relaxation were not entitled to be migrated into the general category - Hence, the subsequent circular dated 11.05.2011 cannot be applied in the present recruitment - Thus, candidates belonging to SC/ST/BC who had taken relaxation of age were not entitled to be migrated to the unreserved vacancies - However, the State of Rajasthan has migrated such candidates against the unreserved vacancies which resulted in displacement of a large number of candidates who were entitled to be selected against the unreserved category vacancies - Further, such reserved category candidates have been working for more than last jive years - In view of the fact, that such candidates were not at fault in any manner, they are allowed to continue in .respective posts - While, the unreserved candidates who could not be appointed due to the above illegal migration are also entitled for appointment as per their merit - Therefore, directions issued for adjusting the equity between the parties - Equity. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 773 |
Petitioner | Gaurav Pradhan & Ors. |
Respondent | State Of Rajasthan & Ors. |
SCR | [2017] 8 S.C.R. 951 |
Judgement Date | 2017-08-18 |
Case Number | 8351 |
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