OINAM SOHODEBA SINGH AND ORS. Vs. THE UNION OF INDIA AND ORS.

JUDGEMENT

(1.) HEARD Shri A. Bimol, learned counsel appearing for the petitioners and Shri S. Rupachandra, learned ASG appearing for the respondents.

(2.) BEING aggrieved by the office order dated 24 -12 -2014 issued by the respondent No. 5 rejecting the petitioners' representation, the above writ petition has been filed by the petitioners praying for quashing and setting aside it.

(3.) RELYING upon the principle laid down by the Hon'ble Supreme Court in the case of Jitendra Kumar Singh & anr. v. State of Uttar Pradesh & ors., reported in : (2010) 3 SCC 119, it is submitted by the learned counsel appearing for the petitioners that the Hon'ble Supreme Court has held that relaxation of age given to an OBC candidates to compete with other is not reservation in itself and if such candidate acquires a berth in the merit list on the basis of his own merit, though enabled by the said relaxation in age but not by virtue of relaxed standard in determination of merit, he cannot be treated to have been selected as a reserved candidate. It is further submitted by the learned counsel appearing for the petitioners that the relevant provisions of Section 8 of the UP Act, construed by the Hon'ble Supreme court, are pari materia to the provisions of the Office Memoranda referred to above and relied upon by the respondents. It is also submitted that all the 4(four) OBC candidates including the petitioners having secured more than 35 percent of the total marks in the written examination, they cannot be treated to have been selected as reserved candidates, though they have availed age relaxation as OBC candidates, in terms of the principle laid down by the Hon'ble Supreme Court.