Court Upholds Recruitment Rules Prohibiting Migration from Reserved to Unreserved Category Post Initial Relaxation
The Madhya Pradesh High Court, Jabalpur Bench, under the adjudication of Justice Deepak Khot, delivered a critical judgment on December 8, 2025, addressing the contentious issue of reserved category candidates seeking migration to unreserved category positions in recruitment processes. The court dismissed a series of writ petitions filed by Sana Khan and others, who challenged the recruitment results of the Police Constable Recruitment Test-2023. The petitioners, belonging to the Other Backward Class (OBC) and Economically Weaker Sections (EWS), contended that they should be considered under the unreserved category based on their total marks obtained in the selection process.
The petitioners argued that despite securing higher marks than the cutoff for the unreserved category in the final merit list, their candidature was not considered for unreserved seats. They cited instances where similarly situated candidates from reserved categories were appointed against unreserved category vacancies. The petitioners sought the court's intervention to quash the results and direct the recruitment authorities to appoint them based on their merit position.
The High Court, however, upheld the recruitment rules which stipulated that candidates availing of relaxation in the initial stages under the reserved category could not migrate to the unreserved category in subsequent phases. The court emphasized that the recruitment process involved a two-phase evaluation: a written examination followed by a Physical Proficiency Test. The rules mandated phase-wise cutoffs, and candidates benefiting from reservation in the first phase could not claim unreserved category consideration in the final selection.
Drawing from precedents, the court referred to the principles laid down in the Supreme Court cases of Saurav Yadav v. State of U.P., and Union of India v. Sajib Roy, among others. These rulings highlighted that unless explicitly allowed by recruitment rules, candidates availing relaxation cannot migrate to unreserved categories based on merit in subsequent stages.
The court concluded that the petitioners, having benefited from OBC reservation in the initial phase, were not eligible for unreserved category consideration. The petitions were dismissed, reinforcing the integrity of the recruitment rules and the phased selection process.
Bottom Line:
Recruitment - A reserved category candidate, who availed relaxation in initial stages of selection process, cannot seek migration to the unreserved category in subsequent stages based on total marks, if the recruitment rules impose an embargo on such migration.
Statutory provision(s): Article 226 of the Constitution of India, Recruitment Test 2023 Rulebook, Clause 15(iv) of the Rulebook.
Sana Khan v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc Id # 2828703
