LexRAILWAY PROTECTION FORCE & ORS. versus PREM CHAND KUMAR & ORS.
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[2025] 9 S.C.R. 558 : 2025 INSC 1083 Railway Protection Force & Ors. v. Prem Chand Kumar & Ors. (Civil Appeal No. 11716 of 2025) 09 September 2025 [Surya Kant and Joymalya Bagchi,* JJ.] Issue for Consideration Issue arose whether the respondents having applied in reserved category, and availed relaxation in age and/or physical measurements to participate in the recruitment process and secured more than the unreserved candidates in the written test and trade test can be considered against the unreserved vacancies. Headnotes† Service law – Recruitment – Migration of reserved candidates scoring higher in the merit test to unreserved category – Permissibility – Recruitment in ancillary posts in the Railway Protection Special Force – Respondents, applied in reserved category, availed relaxation in age and/or physical measurements to participate in the recruitment process and obtained marks higher than the last selected candidate in the unreserved category – Respondents sought appointment to the vacant posts in the unreserved category – High Court allowed the writ petition – Correctness: Held: Standing Order No.85 puts an embargo on migration of reserved candidates who have availed relaxation of age and/or physical measurements to fill up unreserved vacancies, even if they have scored higher marks than the cut-off marks prescribed for the unreserved seats – In view of the bar envisaged in Standing Order No.85 read with Revised Directive No.29, the High Court erred in directing the respondents to be selected against the unreserved posts – Impugned judgment and order set aside. [Paras 16, 19] * Author [2025] 9 S.C.R. 559 Railway Protection Force & Ors. v. Prem Chand Kumar & Ors. Service law – Direct recruitment – SC/ST/OBC candidates selected on their own merit availing concessions or relaxations, if entitled to be considered for appointment under general category on scoring higher than the cut-off marks in such category – Posts of Assistant Commandant in Central Industrial Security Forces (CISF) – Appellant, general category candidate scored 363 marks while the minimum cut-off marks in general category was 364 – Scheduled Tribe candidate, who had availed relaxed physical standards scored higher marks (366) than the last selected candidate in general category (364) and was appointed against the general category seat – Challenged by the appellant – High Court dismissed the petition holding that the office memo dated 01.07.1998 did not apply to relaxed physical standards like height, weight etc., which would vary depending on gender, geographical location – Correctness: Held: View expressed by the High Court is concurred with – Office memo dated 01.07.1998 does not expressly state relaxed concessions in physical measurements availed by a reserved candidate would disentitle the candidate from being considered for appointment under general category if he has scored higher than the cut-off marks in such category – Interpretation given by the High Court to the office memorandum is in sync with the stance taken by the Union of India that the said office memorandum does not bar the migration of reserved candidates availing relaxation in physical standards, which depends on the gender/ ethnic background of the candidate concerned – No reason to differ from the view expressed by the recruiting authority-UPSC as well as Union of India, with regard to the scope and ambit of the embargo in the office memorandum, as upheld by the High Court – Judgment and order of the High Court does not call for interference. [Paras 7, 8, 12, 13] Case Law Cited Deepa E.V. v. Union of India & Ors. [2017] 1 SCR 938 : (2017) 12 SCC 680; Niravkumar Dilipbhai Makwana v. Gujarat Public Service Commission & Ors. [2019] 9 SCR 47 : (2019) 7 SCC 383; Government (NCT of Delhi) & Ors. v. Pradeep Kumar & Ors. [2019] 13 SCR 1056 : (2019) 10 SCC 120 – distinguished. 560 [2025] 9 S.C.R. Supreme Court Reports Jitendra Kumar Singh & Anr. v. State of UP & Ors. [2010] 1 SCR 325 : (2010) 3 SCC 119; Union of India & Ors. v. Sajib Roy, SLP (C) No(s). 21392-93 of 2019; Railway Protection Force & Ors. v. Prem Chand Kumar & Ors., Special Leave Petition (Civil) No. 20866 of 2019 – referred to. List of Keywords Reserved category; Relaxation in age and/or physical measurements; Recruitment process; Unreserved candidates; Written test and trade test; Migration of reserved candidates; Recruitment in ancillary posts;
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