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75.In our opinion, the relaxation in age does not in any manner upset the level playing field. It is not possible to accept the submission of the learned counsel for the appellants that relaxation in age or the concession in fee would in any manner be infringement of Article 16 (1) of the Constitution of India. These concessions are provisions pertaining to the eligibility of a candidate to appear in the competitive examination. At the time when the concessions are availed, the open competition has not commenced. It commences when all the candidates who fulfill the eligibility conditions, namely, qualifications, age, preliminary written test and physical test are permitted to sit in the main written examination. With age relaxation and the fee concession, the reserved candidates are merely brought within the zone of consideration, so that they can participate in the open competition on merit. Once the candidate participates in the written examination, it is immaterial as to which category, the candidate belongs. All the candidates to be declared eligible had participated in the Preliminary Test as also in the Physical Test. It is only thereafter that successful candidates have been permitted to participate in the open competition.

Perusal of paras quoted above shows that issues for consideration before the court was in regard to the concession of fee and relaxation in age as it was not upsetting level playing field.

The reserve category candidates taken benefit of concession in fee and relaxation of age held entitled to migrate in the general/ open category.

The facts situation in the present matter is however different because apart from concession in fee and relaxation of age, the reserve category candidates have been extended benefit of relaxed standards in physical test so as in the written examination etc. If a candidate has taken benefit of relaxed standards in physical test, that too, after commencement of selection, it cannot be said that level of playing field for all candidates was equal.

If the judgment in the case of Jitendra Kumar Singh (supra) is applied to the present matter, then those relaxed standards after commencement of selection cannot be to be benefit of reserve category candidates to migrate in open/ general category as they competed selection with relaxed standards thus level playing field of candidates was not same. In the present matter, apart from relaxation in physical standards, a candidate of SC and ST category was required to obtain relaxed marks in the written examination to qualify for physical test. The subsequent appearance in the process of selection is with the relaxed standards of marks. The judgment in the case of Jitendra Kumar Singh (supra) allows reserve category candidates to migrate in the general/ open category only if they have taken concession in fee and relaxation of age, which is before initiation of process of selection. The respondents herein allowed relaxed standards during the process of selection thus 'level playing field' in this case cannot be said to be same.

3. As per clause 6(iv) of the advertisement, relaxation in standards at final stage is provided. For general category candidates, minimum percentage of marks is 45 but for reserved category candidates it is reduced to 40% and, for Saharia Adim caste/tribal sub-plan region, it is 35%.

All these concessions and relaxations were given during the process of selection thus 'level playing field' does not remain the same for all the candidates. In the facts and circumstances above, reserve category candidates taken benefit during the process of selection cannot seek migration to open category. It would be in violation of Article 16 (1) and Article 335 of the Constitution of India. The equality in the public employment has to be maintained. In case of difference of 'level playing field', if one is allowed to migrate than it would amount to making un-equals to be equal. This would be violative of Articles 14 and 16 of the Constitution of India. The relaxation in age and concession in fee do not change 'level playing field' as it is given prior to process of selection.