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The issue in reference to Article 335 of the Constitution was decided in the case of Andhra Pradesh Public Service Commission versus Baloji Badhavath & ors, reported in (2009) 5 SCC 1. Therein, the issue of admissibility of concession and relaxation in selection to the reserve category candidate has been dealt with.

Learned counsel for petitioners further explained judgment of the Apex Court in the case of Jitendra Kumar Singh & anr versus State of Uttar Pradesh & ors, reported in (2010) 3 SCC 119 and also in the case of Union of India versus Ramesh Ram & ors, reported in (2010) 7 SCC 234. A prayer is made to restrain migration of reserve category candidates to open category, who have taken benefit of relaxed standards for selection even if they have obtained higher marks than last candidate in general/open category. The migration may be permitted for those reserve category candidates who had not availed any concession for selection and yet obtained higher marks than the last candidate in the open/general category.

Article 335 provides about claims of SC/ST to service and post. Those claims are subject to maintenance of efficiency of administration. The aforesaid Article applies to the case of promotion.
In view of the above, only Article 335 of the Constitution permits relaxation in qualifying marks in examination or lowering the standards of evaluation of SC/ST candidates only in the matter of promotion. The aforesaid issue was considered by the Hon'ble Supreme Court in the case of Andhra Pradesh Public Service Commission (supra). Paras 30 and 32 of the said judgment are quoted hereunder for ready reference -

Perusal of para 30 reveals that Article 335 applies in the matter of promotion and requirement to pass basic minimum criteria laid down even by the reserve caste candidate. The respondents are expected to work within the framework of the Constitution, however, they have given relaxation in qualifying marks in examination and lowered the standards of selection for reserve category candidates ignoring that it is permissible only in the matter of promotion and not in the case of direct recruitment. Issue aforesaid has already been decided in the case of Andhra Pradesh Public Service Commission (supra). The action of the respondents is thus in violation of Articles 16 and 335 of the Constitution.

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.