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As per case facts... the respondents, having applied for recruitment in the OBC reserved category after availing age relaxation, scored marks higher than the last selected candidate in the unreserved
...category but were denied migration to the unreserved category due to a government memorandum that barred migration if any relaxation was availed. The High Court, relying on an unrelated precedent (Jitendra Kumar Singh), directed their consideration for the unreserved category. The question arose: Whether the High Court erred in applying the ratio of Jitendra Kumar Singh to permit reserved candidates who availed age relaxation to migrate to the unreserved category despite the express bar in the Central Government's office memorandum. Finally... the Supreme Court allowed the appeal, holding that the High Court erred. It clarified that a reserved candidate availing age relaxation is barred from migrating to the unreserved category when the controlling document (like the office memorandum dated 01.07.1998) explicitly prohibits it, distinguishing the precedent relied upon where no such bar existed in the local government instructions.
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