SC stay offers better deal in civil services
The Supreme Court stays a Madras HC order quashing a provision in the Civil Services Examination Rules allowing reserved category candidates qualifying in the general category to take the benefit of the quota, reports Satya Prakash.india Updated: May 20, 2008 01:48 IST
The Supreme Court on Monday stayed a Madras High Court order quashing a provision in the Civil Services Examination Rules allowing reserved category candidates qualifying in the general category to take the benefit of the quota for allocation of better services and cadres.
The high court had quashed the provision on the ground that it made a mockery of reservation as it allowed OBC/SC/ST candidates competing in the open category to make use of the quota for allocation of better services.
A bench headed by Justice CK Thakker also suspended the high court’s March 2008 decision setting aside the merit list of the civil services examination of 2006-07 prepared on the basis of a rule Rule 16(2) of the CSE Rules that allowed adjustment of vacancies in the general category with those in the reserved category.
Issuing notices to the three candidates on whose petition the high court had quashed the rule, the apex court asked them to file their response to the Centre’s petition within three weeks and posted the matter for hearing after the summer vacation.
In its appeal, the Centre contended that if an OBC/SC/ST student qualifying for the civil services on his or her own merit was not given the benefit of reservation in allocation of service and cadre, it would result in an anomaly. Non-meritorious backward category aspirants would get more sought-after services than their meritorious counterparts, it pointed out.
Following the high court’s order, the UPSC had provisionally declared the results on May 16, making it clear that it was subject to the outcome of its appeal in the Supreme Court.
With the apex court staying the high court’s verdict, the UPSC can now announce the final results providing the quota benefit in allocation of better services and cadres to OBC/SC/ST candidates who have qualified for the examination on merit and were placed in the general category.
Ramesh Ram, K. Chandrasekar and Navlendra Kumar Singh belonging to OBC and SC categories had challenged the UPSC rule on cadre and service allocation before the Central Administrative Tribunal that declared it illegal. Later the Madras High Court upheld the CAT decision.