Published: May 8, 2010 01:25 IST | Updated: May 8, 2010 01:25 IST New
Delhi, May 8, 2010
Merit candidates can migrate to reserved category in civil services: court
J. Venkatesan
The Supreme Court on Friday held that candidates in the 'Meritorious
Reserved Category' (MRC) selected on merit and placed in the
'general/unreserved category' in the Central Civil Services
Examination could be given a choice to opt for a service of higher
preference in terms of Rule 16 (2) of the CSE Rules.
This rule says: "While making service allocation, candidates belonging
to SC/ST or OBCs recommended against unreserved candidates may be
adjusted against reserved vacancies by the government if by this
process they get a service of higher choice in the order of their
preference."
A Constitution Bench of Chief Justice K.G. Balakrishnan and Justices
S.H. Kapadia, R.V. Raveendran, B. Sudershan Reddy and P. Sathasivam
said: "The reserved candidates belonging to the OBC/SC/ST categories
who are selected on merit and placed in the list of general/unreserved
category can choose to migrate to the respective reserved category at
the time of allocation of services. Such migration as envisaged under
Rule 16 (2) is not inconsistent with Rule 16 (1) or Articles 14, 16
(4) and 335 of the Constitution."
The Centre appealed against a Madras High Court judgment holding ultra
vires and unconstitutional Rule 16 (2) and directing it to rework
service allocation dehors Rule 16 (2). Certain writ petitions were
also filed. The Supreme Court stayed the judgment and referred the
matter to a larger Bench.
Now, the CJI, writing the judgment, said: "MRC candidates who avail
themselves of the benefit of Rule 16 (2) and are adjusted in the
reserved category should be counted as part of the reserved pool for
the purpose of computing the aggregate reservation quotas. The seats
vacated by MRC candidates in the general pool will be offered to
general category candidates."
Two classes
The Bench said: "By operation of Rule 16 (2), the reserved status of
an MRC candidate is protected so that his/her better performance does
not deny him/her the chance to be allotted to a more preferred
service. The amended Rule 16 (2) only seeks to recognise the inter se
merit between two classes — (a) meritorious reserved category
candidates and (b) relatively low ranked reserved category candidates
— for the purpose of allocation to the various Civil Services with due
regard for the preferences indicated by them."
The Bench said: "When MRC candidates are put in the general list on
their own merit they do not automatically relinquish their reserved
status. By operation of Rule 16 (2) the reserved status of an MRC
candidate is protected so that his/her better performance does not
deny such candidate the chance to be allotted to a more preferred
service."
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