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Joymalya Bagchi, J.

 2. Appellants have assailed common impugned judgment and order dated 12.10.20181 and order dated 26.02.20192 whereby the respondents-writ petitioners who had applied as reserved candidates in OBC category after having availed age relaxation for the post of Constable (GD) were directed to be considered for recruitment under unreserved category.

3. Facts in a short compass giving rise to the appeals are as follows – Staff Selection Commission3 published employment notification for recruitment of Constables (GD) in BSF, CRPF, ITBP, SSB, NIA and SSF and Rifleman in Assam Rifles comprising physical test, written examination and medical examination. As per the employment notification, the prescribed age limit for eligible candidates to participate in the recruitment process was 18 to 23 years as on 01.08.2015 and age relaxation was given to various reserved candidates4. For OBC 1 In WP (C) No. 277/2017, WP (C) No. 279/2017, WP (C) No. 280/2017 and WP (C) No. 281/2017 2 In Review Application No. 3/2019, Review Application No. 4/2019, Review Application No. 5/2019 and Review Application No. 6/2019 3 SSC for short 4 Employment Notification no. F. No.3/1/2014–P&P-I (vol-II), Para 4A  candidates, i.e., the respondents-writ petitioners, age relaxation was 3 years5.

4. All the respondents-writ petitioners availed of such age relaxation for participation in the recruitment process. However, they were declared unsuccessful as they had scored marks lower than the last selected candidate in the OBC category for various departments. But their marks were higher than the last selected candidate in the unreserved category for those departments. Claiming that they ought to be permitted to migrate to the unreserved category, the respondents-writ petitioners approached the High Court. Union of India opposed the prayer on the ground that the respondents- writ petitioners had applied in the OBC category after availing age relaxation and under such circumstances cannot be considered eligible for appointment in unreserved category.

6. Subsequently, Union of India by way of a review petition placed on record an office memorandum no. 36011/1/98-Estt. (Res) dated 01.07.1998 which inter alia provided that SC/ST/OBC candidates who have availed relaxations in age limit, experience qualification or number of chances in written examinations would be deemed unavailable for consideration against the unreserved vacancies. Notwithstanding such office  memorandum the High Court refused to review its judgment and the review petition came to be dismissed.