Saturday, May 8, 2010

[ZESTCaste] SC seal on UPSC quota rule

http://www.telegraphindia.com/1100508/jsp/nation/story_12425487.jsp

SC seal on UPSC quota rule

OUR LEGAL CORRESPONDENT
New Delhi, May 7: The Supreme Court today upheld a UPSC rule that
allows reserved category civil service candidates on the merit list —
those who don't avail of the quotas — to migrate to the reserved pool
to get a better service cadre.

Several candidates who had cleared the test on the basis of quotas had
challenged the 2004 rule, saying it hurt their standing. Others had
objected to the UPSC giving them at the time of service selection an
option given up in the exam.

A five-judge bench headed by outgoing Chief Justice K.G. Balakrishnan
set aside a Madras High Court ruling striking down the provision and
upheld its validity. The rule had governed recruitment from 2005 to
2007.

The UPSC conducts an all India test every year to make recruitment to
the three All-India Services (IAS, IFS, IPS), fifteen Group 'A'
Services and three Group 'B' officers in various government
departments.

Under the rule, candidates belonging to the SCs, STs or OBCs may be
adjusted at time of service allocation against reserved vacancies by
the government if they get a service of higher choice in the order of
preference. This was done by the UPSC to maintain inter se merit
between reserved category candidates.

In the absence of such an arrangement, those reserved category
students who did not exercise the option of availing the concession
would get inferior cadres than those who had taken the benefit.

A few OBC candidates had filed applications before the Central
Administrative Tribunal, Madras, challenging the option, introduced
through an amendment by the UPSC. They contended that such migration
had knocked them out of the list.


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