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Age, fee relaxation for SC/ST, OBC in

general category too: SC
PTI
NEW DELHI, JANUARY 13, 2010 21:17 IST

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The Supreme Court has held that reserved candidates like SC/STs, OBCs can
be provided age relaxation and fee concession for selection in government
jobs under general category even after the reserved quota has been filled.
However, such relaxation can be extended provided the reserved candidates
secured competing or more marks with the general candidates in preliminary
or qualifying exams for final selection.
The apex court said such relaxation cannot be termed as violative of the
Constitutional provisions of equality or the norm that reservations in general
category should not exceed the 50 per cent quota fixed by it in the Indra
Sawhney case.
Reservations are a mode to achieve the equality of opportunity guaranteed
under Article 16 (1) of the Constitution of India. Concessions and relaxations
in fee or age provided to the reserved category candidates to enable them to
compete and seek benefit of reservation is merely an aid to reservation.
The concessions and relaxations place the candidates at par with general
category candidates. It is only thereafter that the merit of the candidates is to
be determined without any further concessions in favour of the reserved
category candidates, a bench of Justices Tarun Chatterjee and Surinder
Singh Nijjar said in a judgement.
The apex court passed the judgement while upholding the validity of the
selection process conducted by Uttar Pradesh government in 2000 for
recruitment of police sub inspectors. In the selection process, the government
had permitted reserved candidates to appear for selection in general category
by permitting them to avail age relaxation.
However, the move was opposed by general category candidates on the
ground that they cannot enjoy double benefit as they have already been
granted fee and age relaxation in reserved candidates category.
The Allahabad High Court had upheld the governments action, after which
the aggrieved general candidates had appealed in the apex court. Dismissing
the appeal, the apex court said reserved category candidates have not been
given any advantage in the selection process as all the candidates had to
appear in the same written test and face the same interview which is decided
on the basis of merit.