Can a reserved category candidate qualifying a competitive examination in the general category be allowed to take benefit of reservation to secure better service and cadre postings?
The Centre on Friday moved the Supreme Court challenging a Madras High Court’s order quashing a provision that allowed adjustment of vacancies in the unreserved category with that of reserved category.
Additional Solicitor General Vikas Singh mentioned the petition for urgent hearing before a Bench headed by Chief Justice of India K.G. Balakrishnan, seeking stay against the order of the high court that had set aside the UPSC merit list for civil services examination 2006-07. The hearing will come up before a vacation bench on Monday.
The High Court had held that Rule 16 (2) of the Examination Rules of the Government of India for Civil Services Examination went against SC, ST and OBC candidates.
Of 457 candidates selected for the final list for 2006 and 2007, 31 OBC and one SC candidate made it through the merit list (unreserved) but also availed their postings under the reserved category.
This action by the UPSC deprived equal number of candidates from the said communities of availing the postings, the high court held.
“It makes a mockery of the entire rule of reservation,” the court had said.