The candidate can not be transferred to the general post after relaxation at age: Supreme Court

NEW DELHI: A candidate for a reserved category who has used old age relaxation in the selection process can not seek accommodation or relocation to the general category at a later stage, the Supreme Court said on Thursday.
The Supreme Court stated that Article 16 (4) of the Constitution authorizes the state to reserve appointments to any class of backward citizens, which in his opinion is not adequately represented in that service.
Trial Chamber S Abdul Nazeer and Indira Banerjee confirmed the judgment of the High Court in Gujarat saying that candidates who exercised the right to relaxation because they are not entitled to be considered in the general category of the reserved category and their cases are required to be considered only for cases of reserved category.
The judgment of the first-instance court was made after the plea of ??the candidate named Niravkumar Dilipbhai Makwana, who challenged the decision of the High Court to support the process of selecting the Public Service Commission of Gujarat.
“The State Government explained that when applying a relaxed standard in the selection of candidates for the SC / ST, the SEBC category in the age limit, experience, qualification, permitted number of opportunities at the written exam, etc., then the candidate of such category is selected in the manner indicated, must be considered only against his reserved seat, and such a candidate would be considered inaccessible for consideration without adhering to the post, “the clan said.
The Supreme Court stated that it was apparent from circulars issued by the state government that the candidate who used age relaxation in the selection process as a result of belonging to the reserved category can not subsequently be asked to be placed or migrated into the general category of seats.
“It’s purely a matter of government discretion to formulate a policy of concession, exclusion, preference or relaxation, conditionally or unconditionally, in favor of backward classes of citizens,” the bench said.
He added that the reserve is a provision that allows, the manner and volume of the reservation must be explicitly from the orders issued by the government from time to time.
The Council, citing the circular numbers issued by the Government of Gujarat on January 21, 2000 and July 23, 2004, stated that it had formulated a reservation policy in favor of SC / ST and OBC.
“We believe that the relaxation of the age granted to candidates belonging to the SC / ST and SEBC category in this case is an incident in the reservation under Article 16 (4) of the Constitution of India,” it said in dismissing a candidate’s appeal against a high court order.
The announcement states that the advertisement was published by the GPSC, which calls for candidates for 167 posts of Assistant Conservator of Forests (ACF) and Forestry Officers (RFO) since March 1, 2010, has been approved for candidates belonging to SC / ST and SEBC category.

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