Jitendra Kumar Singh & Anr vs State Of U.P.& Ors on 8 January, 2010
20. The second decision relied upon by Mr. C.V. Mohan Reddy,
learned Senior Counsel for the petitioner, is that of the Division Bench of
the Rajasthan High Court in Rajesh Singh. The question that fell for
consideration in Rajesh Singh was whether a reserved category candidate,
upon having availed of relaxation in age, besides special
relaxations/concessions, can be considered for being selected against
unreserved vacancies, in the event of his securing high marks in the
selection. The Division Bench of the Rajasthan High Court made a
distinction between two types of reserved category candidates viz., (i)
those who participated in the process of selection after availing the
relaxation in age and (ii) those reserved category candidates who
participated in the process of selection after availing special relaxations/
concessions. Insofar as the first category of persons is concerned, the
Rajasthan High Court held that those candidates, though belonging to the
reserved categories, are entitled to migrate to General/Open category
vacancies. The Court held that the second category of persons viz., those
reserved category candidates who availed special relaxations/concessions
are not entitled to so migrate to the vacancies under the Open/General
category. The Division Bench of the Rajasthan High Court sought to draw
a distinction between these two categories of persons on the ground that
a mere relaxation in age did not tantamount to a relaxed standard of
merit, affecting the maintenance of efficiency in administration. As a
matter of fact, by the time the Division Bench of the Rajasthan High Court
considered the issue in Rajesh Singh, the Supreme Court has already
clinched the issue with regard to relaxation in age, in its decision in
Jitendra Kumar Singh v. State of Uttar Pradesh .