Union of India vs Sajib Roy 2025 INSC 1084 - Reserved Candidate - Open Competition With General Candidate
Public Employment - Reservation - 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: Union of India & Ors. v. Sajib Roy
- Neutral Citation: 2025 INSC 1084
Coram (Judges)
- Justice Surya Kant
- Justice Joymalya Bagchi
Judgment Date
- September 9, 2025
Caselaws and Citations Referred
- Jitendra Kumar Singh & Anr v. State of UP & Ors
- (2010) 3 SCC 119
- Quinn v. Leathem
- [1901] AC 495 (HL)
- Haryana Financial Corporation & Anr v. Jagdamba Oil Mills & Anr
- (2002) 3 SCC 496
- Deepa E. V. v. Union of India & Ors
- (2017) 12 SCC 680
- Gaurav Pradhan & Ors v. State of Rajasthan & Ors
- (2018) 11 SCC 352
- Niravkumar Dilipbhai Makwana v. Gujarat Public Service Commission & Ors
- (2019) 7 SCC 383
- Government (NCT of Delhi) & Ors v. Pradeep Kumar & Ors
- (2019) 10 SCC 120
- Vikas Sankhala & Ors v. Vikas Kumar Agarwal & Ors
- (2017) 1 SCC 350
- Saurav Yadav & Ors v. State of UP & Ors
- (2021) 4 SCC 542
- Ajithkumar P. & Ors. v. Remin K. R. & Ors
- (2015) 16 SCC 778
- Sadhana Singh Dangi & Ors v. Pinki Asati & Ors
- (2022) 12 SCC 401
- Bharat Sanchar Nigam Limited & Anr. v. Sandeep Chaudhary & Ors
- (2022) 11 SCC 779
Statutes/Laws Referred
- Article 14 of the Constitution of India (Equality before law)
- Article 16(1) and 16(4) of the Constitution of India (Equality of opportunity in public employment; reservation)
- Article 335 of the Constitution of India (Claims of SCs and STs to services and posts)
- The U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994
- Office Memorandum No. 36011/1/98-Estt. (Res) dated 01.07.1998 (regarding relaxations and concessions for SCs, STs, and OBCs)
- Employment Notification no. F. No.3/1/2014–P&P-I (vol-II), Para 4A and 4B
Can 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?#SupremeCourt answers it here: https://t.co/4dafg3wrLB pic.twitter.com/CVUsLBEHdy
— CiteCase 🇮🇳 (@CiteCase) September 9, 2025
