NIRAVKUMAR DILIPBHAI MAKWANA versus GUJARAT PUBLIC SERVICE COMMISSION & ORS.

Citation: [2019] 9 S.C.R. 47 · Decided: 04-07-2019 · Supreme Court of India · Bench: S. ABDUL NAZEER · Disposal: Dismissed
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Judgment (excerpt)

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NIRAVKUMAR DILIPBHAI MAKWANA
v.
GUJARAT PUBLIC SERVICE COMMISSION & ORS.
(Civil Appeal No. 5185 of 2019)
JULY  04, 2019
[S. ABDUL NAZEER AND INDIRA BANERJEE, JJ.]
Service Law:
Selection – Of a candidate who availed age relaxation as a
reserved category candidate – Whether has to be under reserved
category or can be accommodated in or migrated to general
category seat – Held: Art. 16(4) of the Constitution empowers the
State to provide reservation in appointments – It is discretion of the
State to formulate a policy as to manner and extent to which
reservation is provided – Such policy has to be spelled out from the
orders issued by the Government – In the present case such policy
has been framed by the State by Circulars dated 21.01.2000 and
23.07.2004 – In view of these Circulars, if a relaxed standard is
applied in selecting a candidate for SC/ST, SEBC category, then
candidate of such category selected in such manner shall have to
be considered only against the reserved post and would be deemed
unavailable for consideration against unreserved post – Constitution
of India – Art. 16 (4)  – Gujarat Civil Services Classification and
Recruitment (General) Rules, 1967 – r. 8.
Dismissing the appeal, the Court
HELD:  1. The State Government, in exercise of its powers
conferred under Article 309 of the Constitution of India made
Gujarat Civil Services Classification and Recruitment (General)
Rules, 1967 vide notification dated 10.10.1967.  As per sub-rule
(2) of Rule 8, the appointing authority has been given powers to
relax age limit in favour of the candidates belonging to SC/ST
and SEBC and in favour of women candidates to the extent
indicated therein.  The Ministry of Personnel, Public Grievances
and Pensions vide Office Memorandum dated 22.05.1989
formulated a policy in tune with Article 16(4) of the Constitution
of India, which enables the State Government to provide for
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SUPREME COURT REPORTS
[2019] 9 S.C.R.
reservation for the category of persons belonging to backward
classes.  Thereafter, the Ministry of Personnel, Public Grievances
and Pensions vide Office Memorandum dated 01.07.1998 clarified
the earlier O.M dated 22.05.1989.  In the meantime, the State
Government in its General Administration Department vide
Government Resolution dated 11.12.1986 formulated a policy
whereby such appointments on merit of the members belonging
to such castes and tribes shall in no way affect claims of the
members of such castes and tribes for appointment in the services
or on the post reserved for them under the Government orders
issued from time to time. The State Government vide Circular
No.PVS-1099-MVN-13-G-4 dated 29.01.2000 clarified that a
reserved category candidate, if has not availed of any relaxation
viz. age limit, experience, qualification, number of chances to
appear in the examination, the said candidate will be adjusted in
the open category and in case the candidate has availed any of
the aforesaid relaxation, he/she will have to be adjusted against
the reserved seats.  The State Government came out with a
further clarification vide Circular No.PVS-102003-900-G-4 dated
23.07.2004.  [Paras 15, 16 and 17] [54-C-H; 55-A-B, E]
2. Thus, the appointments in the category of SC/ST and
other backward classes to the post of class I and class III in the
State Services are being governed by the aforesaid policies and
the State Government and/or any Authorities effecting direct
appointments are required to give effect to the aforesaid policy
decision at the time of recruitment process viz. preparing the
select list etc.  It is evident from the above two circulars that a
candidate who has availed of age relaxation in the selection
process as a result of belonging to a reserved category cannot,
thereafter, seek to be accommodated in or migrated to the general
category seats. [Paras 18 and 19] [56-A-B]
3. In the advertisement published by the Gujarat Public
Service Commission (GPSC) GPSC inviting applications from the
eligible candidates for the post of ACF (Class II) and RFO (Class
II) dated 01.03.2010, upper age limit relaxation was granted to
the candidates belonging to SC/ST and SEBC category.  It was
also specifically stated in the advertisement that if any candidate
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belonging to reserved category who applies in the open category,
such candidate would not get the benefit of age relaxation.  Such
age relaxation was granted in pursuance to Rule 8 of
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