The Supreme Court has clarified that a reserved category candidate who avails relaxation in physical standards during recruitment is not automatically disqualified from being considered for appointment against an unreserved seat—unless the governing recruitment rules specifically bar such migration.

On September 9, 2025, a Bench comprising Justices Surya Kant and Joymalya Bagchi delivered this ruling while dismissing an appeal filed by a general category candidate who narrowly missed securing a post of Assistant Commandant (Executive) in the CISF by one mark in the 2017 recruitment drive.

The petitioner, Uma Shankar Gurjar, scored 363 marks, while the cut-off for the general category stood at 364. He challenged the appointment of a Scheduled Tribe (ST) candidate who had scored 366 marks and was selected under the general category despite having availed the relaxed height criteria applicable to ST candidates. Gurjar argued that once the candidate took benefit of such relaxation, he ought to be confined to a reserved post, thereby leaving the unreserved seat open for him.

Rejecting this contention, the Court emphasized that the CISF governing memorandum did not expressly treat “physical measurements” as a bar to migration from the reserved category to the unreserved category. The Court referred to the Office Memorandum dated 01.07.1998, noting that while it dealt with various relaxations for SC/ST candidates, it did not expressly state that taking benefit of reduced physical standards would permanently restrict a candidate from competing in the open category, provided they secured marks above the general cut-off.

Justice Bagchi, writing the judgment, observed:

“We are fortified to come to such conclusion as office memo dated 01.07.1998 does not expressly state that relaxed concessions in physical measurements availed by a reserved candidate would disentitle the candidate from being considered for appointment under general category if he has scored higher than the cut-off marks in such category.”

The Court also distinguished this case from Railway Protection Force & Ors. v. Prem Chand Kumar & Ors. [SLP (C) No.20866/2019], which was heard simultaneously. In that matter, the governing Standing Order No. 85 (Clause 14(f)) of the RPF recruitment process specifically barred candidates who availed physical standard relaxations from being considered for unreserved posts. Since the CISF memorandum lacked such an explicit clause, the same reasoning could not be applied.

Accordingly, the Court dismissed the appeal, upholding the appointment of the ST candidate to the general category post.

Cause Title: Uma Shankar Gurjar v. Union of India, SLP (C) No. 28469/2019