Railway Protection Force vs Prem Chand Kumar 2025 INSC 1083 - Public Employment - Reservation
Public Employment - Reservation - Quoted from Union of India & Ors. vs. Sajib Roy : Whether a reserved candidate who has availed relaxation in fees/upper age limit to participate in open competition with general candidates may be recruited against unreserved seats would depend on the facts of each case. That is to say, in the event there is no embargo in the recruitment rules/employment notification, such reserved candidates who have scored higher than the last selected unreserved candidate shall be entitled to migrate and be recruited against unreserved seats. However, if an embargo is imposed under relevant recruitment rules, such reserved candidates shall not be permitted to migrate to general category seats. (Para 32) [Distinguished Jitendra Kumar Singh vs State of UP (2010) 3 SCC 119 ]
Case Info
Case Name and Neutral Citation
- Case Name: Railway Protection Force & Ors. v. Prem Chand Kumar & Ors.
- Neutral Citation: 2025 INSC 1083
Coram (Judges)
- Coram: Surya Kant, J. and Joymalya Bagchi, J.
Judgment Date
- Date of Judgment: September 9, 2025
Caselaws and Citations Referred
- Jitendra Kumar Singh vs. State of UP & Ors.
- Citation: (2010) 3 SCC 119
- Union of India & Ors. vs. Sajib Roy
- Citation: SLP (C) No. 21392-93 of 2019
- Deepa E.V. v. Union of India & Ors.
- Citation: (2017) 12 SCC 680
- Niravkumar Dilipbhai Makwana v. Gujarat Public Service Commission & Ors.
- Citation: (2019) 7 SCC 383
- Government (NCT of Delhi) & Ors. v. Pradeep Kumar & Ors.
- Citation: (2019) 10 SCC 120
Statutes / Laws / Notifications Referred
- Standing Order No. 85 (dated 05.03.2009)
- Standing Order No. 78 (dated 21.02.2008)
- Revised Directive No. 29 (dated 06.12.2013)
- Employment Notice No. 1/2013
- Office Memorandum No. 36011/1/98-Estt. (Res) (dated 01.07.1998)
- Office Memorandum No. 43011/4/2018-Estt. (Res) (dated 04.04.2018)
- Notification No. 45013/9/2009-Pers.I (dated 06.12.2017)
