http://timesofindia
SC upholds UPSC ban on double reservation benefit
TNN, May 8, 2010, 03.30am IST
NEW DELHI: The SC on Friday upheld the validity of a civil services
examination (CSE) rule virtually stopping double quota benefit for
reserved category candidates who qualify on merit after competing
under general quota.
A bench comprising Chief Justice K G Balakrishnan and Justices S H
Kapadia, R V Raveendran, B Sudershan Reddy and P Sathasivam quashed a
Madras High Court order which had termed the CSE rule 16(2) as
unconstitutional. Rule 16(2) provides an opportunity to reserved
category candidates, who rank among the general category, to fall back
on their backward class status and improve their service choice.
The improved service so availed by the reserved category candidate
would then be counted against the quota posts specified for that
service.
For example, if a reserved category candidate secures a rank in
general category that fetches him Indian Revenue Services, then he
could avail his backward status to improve his service and even get
IAS.
Under Rule 16(2), the IRS post so vacated by the candidate by falling
back on his SC, ST or OBC status, would then be offered to a general
category candidate next in the waiting list. The HC had termed Rule
16(2) as unconstitutional as it was detrimental to the intention of
socially affirmative action provided under the law.
Challenging this judgment, the Centre and a host of petitioners termed
the HC ruling anomalous. Appearing for one of the petitioners,
advocate Anirudh Sharma had argued that it would amount to giving
reservation over and above the specified percentage of posts reserved
for SCs, STs and OBCs. The SC had on June 1, 2008, stayed the HC
judgment.
Writing the unanimous verdict for the five-judge bench, CJI
Balakrishnan said, "Candidates who avail 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
reservations.
INFORMATION OVERLOAD?
Get all ZESTCaste mails sent out in a span of 24 hours in a single mail. Subscribe to the daily digest version by sending a blank mail to ZESTMedia-digest@yahoogroups.com, OR, if you have a Yahoo! Id, change your settings at http://groups.yahoo.com/group/ZESTMedia/join/
PARTICIPATE:-
On this list you can share caste news, discuss caste issues and network with like-minded anti-caste people from across India and the world. Just write to zestcaste@yahoogroups.com
TELL FRIENDS TO SIGN UP:-
If you got this mail as a forward, subscribe to ZESTCaste by sending a blank mail to ZESTCaste-subscribe@yahoogroups.com OR, if you have a Yahoo! ID, by visiting http://groups.yahoo.com/group/ZESTCaste/join/
Also have a look at our sister list, ZESTMedia: http://groups.yahoo.com/group/ZESTMedia/
THE RECENT DECISION OF SUPREME COURT CAME AGAINST THE SC-ST-OBCs
ReplyDelete(NOT IN FAVOUR OF SC-ST-OBC)
GREAT LOSS TO OBCs DUE TO THIS POLICY/PROCEEDURE
Decision disappointed the SC-ST-OBCs of India as now selection of reserved category candidates in “unreserved-seats” will have no means.
Now, moreover all reserved category candidates SELECTED IN UNRESERVED SEATS will be counted in reserved seats because everybody (reserved category candidate) wants better service choice & which he will get in reserved seats only.
The vary purpose of reservation for candidates selected in “reserved-seats” other than those selected in “unreserved-seats” will be defeated.
Now most of the candidates selected in reserved seats by relaxed standard will be kicked out as the "Candidates who avail the benefit of Rule 16(2) and will be adjusted in the reserved category seats to improve service choice will be counted as part of the reserved pool for the purpose of computing the aggregate reservations.”
Accordingly all the candidates selected in “reserved-seats” will not get the jobs due to this faulty allotment procedure and will be kicked out even after they have been selected by the UPSC.
Sentences of decision which are against the OBCs are----
(1) The improved service so availed by the reserved category candidate would then be counted against the quota posts specified for that service.
(2) Under Rule 16(2), the IRS post so vacated by the candidate by falling back on his SC, ST or OBC status, would then be offered to a general category candidate next in the waiting list.
(3) "Candidates who avail 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 reservations.
Er. Shailendra Wagadre B.E. (Civil) with Honours, All India Principal General Secretary APAAX (since 1998), NB-69, AB Type Colony, MPSEB, SARNI (MP). Queries welcomed, without hesitation on… swagadre@rediffmail.com or skwagadre@gmail.com or 09425003700(Mob.) or 07146277477 (Res.)
VISIT MY WEBSITE WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.