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70. This Court holds that the migration of reserved category into General Category is a settled phenomenon of law, and the reservation policy in vogue, as per law, requires that while the reserved categories are given a chance to avail their reservations, but by such availing of chance, the reserved categories are not precluded from migrating into the General Category, which in fact, is a category open for all on need to have all classes getting equal opportunity to compete for.
47. We are thus of the opinion that Division Bench erred in modifying the judgment of the learned Single Judge and holding that candidates availing relaxation of age belonging to reserved category-candidates who find place in merit list of the general/open category has to be treated to be included in the general/open category. The above conclusion of the Division Bench is unsustainable for the reason as indicated above.
48. In view of the foregoing discussion, we are of the considered opinion that the candidates belonging to SC/ST/BC who had taken relaxation of age were not entitled to be migrated to the unreserved vacancies, the State of Rajasthan has migrated such candidates who have taken concession of age against the unreserved vacancies which resulted displacement of a large number of candidates who were entitled to be selected against the unreserved category vacancies. The candidates belonging to unreserved category who could not be appointed due to migration of candidates belonging to SC/ST/BC were clearly entitled for appointment which was denied to them on the basis of the above illegal interpretation put by the State. We, however, also take notice of the fact that the reserved category candidates who (28 of 42) [SAW-1733/2018] had taken benefit of age relaxation and were migrated on the unreserved category candidates and are working for more than last five years. The reserved category candidates who were appointed on migration against unreserved vacancies are not at fault in any manner. Hence, we are of the opinion that SC/ST/BC candidates who have been so migrated in reserved vacancies and appointed should not be displaced and allowed to continue in respective posts. On the other hand, the unreserved candidates who could not be appointed due to the above illegal migration are also entitled for appointment as per their merit. The equities have to be adjusted by this Court.
(b) Migration from reserved category to general category shall be admissible to those reserved category candidates who secured more marks obtained by the last unreserved category candidates who are selected, subject to the condition that such reserved category candidates did not avail any other special concession. It is clarified that concession of passing marks in TET would not be treated as concession falling in the aforesaid category."

28. Thus, Gaurav Pradhan, Vikas Sankhala (supra) and Dilipbhai (supra) have all dealt with the issue of whether reserved category candidates who avail some concession (for belonging to such reserved categories) should be granted the benefit of "migration" to the general category vacancies. It could be argued that each depended on the circulars issued by the concerned governments, (i.e. States of Gujarat and Rajasthan), and the court went by the interpretation of the instructions and contents of those circulars. Yet, in both Gaurav Pradhan and Vikas Sankhla, (both of which dealt with recruitments relatable to the State of Rajasthan), the view expressed was that if a reserved (ST/SC or OBC) category candidate availed of age relaxation, she or he could not be "migrated" to the general category, in the event of better performance on merit. This was underlined in Gaurav Pradhan:

"we are of the considered opinion that the candidates belonging to SC/ST/BC who had taken relaxation of age were not entitled to be migrated to the unreserved vacancies, the State of Rajasthan has migrated such candidates who have taken concession of age against the (38 of 42) [SAW-1733/2018] unreserved vacancies which resulted displacement of a large number of candidates who were entitled to be selected against the unreserved category vacancies. The candidates belonging to unreserved category who could not be appointed due to migration of candidates belonging to SC/ST/BC were clearly entitled for appointment which was denied to them on the basis of the above illegal interpretation put by the State. We, however, also take notice of the fact that the reserved category candidates who had taken benefit of age relaxation and were migrated on the unreserved category candidates and are working for more than last five years. The reserved category candidates who were appointed on migration against unreserved vacancies are not at fault in any manner. Hence, we are of the opinion that SC/ST/BC candidates who have been so migrated in reserved vacancies and appointed should not be displaced and allowed to continue in respective posts. On the other hand, the unreserved candidates who could not be appointed due to the above illegal migration are also entitled for appointment as per their merit. The equities have to be adjusted by this Court."