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SC Defines Boundaries -Mobility from Reserved to General category

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Judgment dated 9.9.2025 of the Supreme Court of India in SLP [Civil} Nos.21392-21393 of 2019 of Union of India and others   Vs.  Sajib Roy with connected matters.

The appellant had applied for recruitment for the post of Constable in BSF, CRPF, etc; from the OBC category.  The respondents had taken the benefit of age relaxation of three years for the said category.

The respondents were not successful in the recruitment process.   However, their marks were higher than the last selected candidate in the un-reserved i.e. general category.

The respondents filed writ petitions for migration to the un-reserved category on the ground that they had scored higher marks than the last candidate in such category.

HELD that the judgment of the Supreme Court in Jitendra Kumar Singh and another   Vs.  State of UP and others (2010 (3) SCC 119) is distinguishable in the facts of the said case.  In this case, the recruitment process is regulated by the O.M. dated 1.7.1998 which bars migration of a reserved category to un-reserved category.

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