NIRAVKUMAR DILIPBHAI MAKWANA versus GUJARAT PUBLIC SERVICE COMMISSION & ORS.

NIRAVKUMAR DILIPBHAI MAKWANA versus GUJARAT PUBLIC SERVICE COMMISSION & ORS.

A candidate belonging to a reserved category who avails any relaxation (including age relaxation) provided under the reservation policy/circulars in the selection process is to be considered only against reserved posts, and is ineligible for accommodation as a general category candidate regardless of the performance in competitive selection. The State's policy, as set forth in its circulars and rules, governs the effect of such relaxation and prevails over interpretations based on statutes or circulars of other states.

Parties
Appellant: Niravkumar Dilipbhai Makwana; Respondents: Gujarat Public Service Commission & Ors.
Jurisdiction
India
Judgment Date
04 July 2019
Procedural Posture
Civil Appeal / Appeal From High Court Division Bench Decision
Outcome
Appeal dismissed
Legal Topics
Reservation in Public Employment, Age Relaxation for Reserved Categories, Migration Between Reserved and General Categories, Interpretation of Government Circulars and Rules
Service Law Constitutional Law Reservation in Public Employment Age Relaxation for Reserved Categories Migration Between Reserved and General Categories Interpretation of Government Circulars and Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Niravkumar Dilipbhai Makwana

Appellant

Gujarat Public Service Commission & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Division Bench Decision

Legal Issues

  1. 1 Whether a candidate who has availed of age relaxation as a reserved category candidate can be accommodated in or migrated to a general category seat.

Ratio Decidendi

A candidate belonging to a reserved category who avails any relaxation (including age relaxation) provided under the reservation policy/circulars in the selection process is to be considered only against reserved posts, and is ineligible for accommodation as a general category candidate regardless of the performance in competitive selection. The State's policy, as set forth in its circulars and rules, governs the effect of such relaxation and prevails over interpretations based on statutes or circulars of other states.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Parties directed to bear their own costs.