An Other Backward Class member of the Income Tax Appellate Tribunal has approached the Central Administrative Tribunal, challenging the government’s appointment of only general-category candidates as income tax tribunal vice-presidents, ignoring his candidature.
In his petition, Sunil Kumar Yadav said: “I am the seniormost OBC in the list, but the government flouted the constitutionally-binding obligation of giving reservation to OBCs in all civil appointments.”
He pointed out that according to a seniority list of income tax tribunal members released on February 2, 2009, for the appointment of nine vice-presidents, his name ranked 17th. If the OBC quota rule were applied, two of the nine posts would go to OBC candidates.
He added that the quota rule was being followed since September 1993.
“The central government has appointed general category candidates on seats reserved for OBCs” he alleged.
Acting on Yadav’s plea challenging the appointments of three tribunal vice-presidents, the CAT issued a notice to the central government. In the interim order, the CAT said the appointment of two of the nine posts of vice-presidents from the general category would be subject to the decision in the present case.
The Centre is expected to spell out its stand on January 11, the next date of hearing.
Yadav contended that there should be reservation of up to 27 per cent for OBC candidates in civil posts/services under the Government of India.
He alleged that the central government prepared the list of candidates without complying with the mandate of reservation for OBC citizens envisaged under Article 16(4) of the Constitution.
The post of vice-president is a civil post, and not classified as scientific or technical post, which are out of the purview of the reservation law.