ID :
196162
Wed, 07/20/2011 - 21:30
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https://www.oananews.org//node/196162
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SC: Govt can't tinker with quota rules for IAS/IPS
SC-RESERVATION
SC: Govt can't tinker with quota rules for IAS/IPS
New Delhi, Jul 20 (PTI) Reservation rules for general
and reserved candidates in All India Services like IAS and IPS
cadre cannot be altered by the Government as it would violate
the Constitution, the Supreme Court has ruled.
A bench of justices R V Raveendran and A K Patnaik in
their ruling said that the roster system for general,
Scheduled Caste, Scheduled Tribe and other backward class(OBC)
candidates should be strictly adhered to and reservation in
excess of the prescribed quota limit is illegal and
unconstitutional.
"The roster system ensures equitable treatment to both
the general candidates and reserved candidates and hence the
roster system cannot be by-passed on some ground or the other
which may result in unfair treatment to either general
candidates or reserved candidates in violation of their right
to equality under Articles 14 and 16(1) of the Constitution,
Justice Patnaik writing the judgement observed.
The apex court passed the ruling while dealing with
the petition of G Srinivas Rao, an Indian Police Service (IPS)
officer and a general candidate, challenging the Centre's
decision to allot him the Manipur-Tripura Joint Cadre on
October 27, 1999, instead of his home cadre south Indian state
Andhra Pradesh.
It was Rao's case that he obtained 95th rank in the
Civil Services Examination, 1998, but another OBC candidate
who secured 95th rank was allocated the AP cadre.
The Centre defended the decision on the ground that
OBC candidates were granted two additional quota over the
prescribed limit as their quota was not filled in 1998,
whereas the general quota had two additional seats in the said
year.
SC-RESERVATION 2 LAST
Interpreting the IPS (Cadre) Rules, 1954 the bench
said it would be clear from Clause (2) of Para 3 of Centre's
circular dated May 31, 1985 that vacancies for Scheduled
Castes and Scheduled Tribes are to be reserved in the various
cadres according to the prescribed percentage.
"Distribution of reserved vacancies in each cadre
between outsiders and insiders are to be done in the ratio of
2:1 and this ratio is to be operationalised by following a
cycle-outsider, insider, outsider-as is done in the cases of
general candidates.
"It will be further clear from Clause (2) of Para 3
that the vacancies for the reserved categories are not to
exceed the prescribed percentage for the reserved category ‘in
the various cadres’, the bench said.
The apex court rejected the Centre's plea that it had
relied upon the previous five year data in arriving at the
allocation figure.
"We fail to appreciate how data for 5 years in respect
of allocation of OBC candidates was relevant for making the
allocation," it said.
The apex court however, agreed with the AP High
Court's view that Rao cannot be granted any relief at this
belated stage as he chose to file his suit two years after the
cadre allotment.PTI RB
KAP
SC: Govt can't tinker with quota rules for IAS/IPS
New Delhi, Jul 20 (PTI) Reservation rules for general
and reserved candidates in All India Services like IAS and IPS
cadre cannot be altered by the Government as it would violate
the Constitution, the Supreme Court has ruled.
A bench of justices R V Raveendran and A K Patnaik in
their ruling said that the roster system for general,
Scheduled Caste, Scheduled Tribe and other backward class(OBC)
candidates should be strictly adhered to and reservation in
excess of the prescribed quota limit is illegal and
unconstitutional.
"The roster system ensures equitable treatment to both
the general candidates and reserved candidates and hence the
roster system cannot be by-passed on some ground or the other
which may result in unfair treatment to either general
candidates or reserved candidates in violation of their right
to equality under Articles 14 and 16(1) of the Constitution,
Justice Patnaik writing the judgement observed.
The apex court passed the ruling while dealing with
the petition of G Srinivas Rao, an Indian Police Service (IPS)
officer and a general candidate, challenging the Centre's
decision to allot him the Manipur-Tripura Joint Cadre on
October 27, 1999, instead of his home cadre south Indian state
Andhra Pradesh.
It was Rao's case that he obtained 95th rank in the
Civil Services Examination, 1998, but another OBC candidate
who secured 95th rank was allocated the AP cadre.
The Centre defended the decision on the ground that
OBC candidates were granted two additional quota over the
prescribed limit as their quota was not filled in 1998,
whereas the general quota had two additional seats in the said
year.
SC-RESERVATION 2 LAST
Interpreting the IPS (Cadre) Rules, 1954 the bench
said it would be clear from Clause (2) of Para 3 of Centre's
circular dated May 31, 1985 that vacancies for Scheduled
Castes and Scheduled Tribes are to be reserved in the various
cadres according to the prescribed percentage.
"Distribution of reserved vacancies in each cadre
between outsiders and insiders are to be done in the ratio of
2:1 and this ratio is to be operationalised by following a
cycle-outsider, insider, outsider-as is done in the cases of
general candidates.
"It will be further clear from Clause (2) of Para 3
that the vacancies for the reserved categories are not to
exceed the prescribed percentage for the reserved category ‘in
the various cadres’, the bench said.
The apex court rejected the Centre's plea that it had
relied upon the previous five year data in arriving at the
allocation figure.
"We fail to appreciate how data for 5 years in respect
of allocation of OBC candidates was relevant for making the
allocation," it said.
The apex court however, agreed with the AP High
Court's view that Rao cannot be granted any relief at this
belated stage as he chose to file his suit two years after the
cadre allotment.PTI RB
KAP
