SC: Constitution bench to take up relaxation in general category

A three-judge bench of the Supreme Court has referred to a five-judge Constitution bench the issue whether the candidates selected from the general category can be allowed to be considered from the reserved categories of OBCs/SC/ST at the time of service allocation.

A bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal in their judgment noted, The question that has to be answered are whether reserved category candidate i.e.

OBC/SC/ST who were selected on merit and placed in the list of general category candidate could be considered as reserved category candidate at the time of service allocation.

Whether rule 16 (2) (3) (4) and (5) of CSE rules are inconsistent with 16(1) and violative of Articles 14, 16(4) and 335 of the Constitution of India. The Madras High Court had quashed rule 16(2) of the Civil Services examination rules which permits the reserved category candidates selected from the general category on merit to be considered as reserved category candidate during allocation of service cadre like IAS, IPS and IRS etc.

In all 31 OBC category candidates selected in the general merit list were not included in the general category and instead they were part of 117 OBC category candidates selected with relaxed standard and an equal number of OBC category candidates in the lower order of merit were denied job.

The apex court in its 18-page judgment written by Chief Justice K G Balakrishnan for the bench noted, In view of the fact that the issues raised and discussed relating to amended rule 16 of CSE applicable to all central civil services, we are of the view that an authoritative pronouncement is needed, particularly, in the light of the various decisions referred above, hence, all these SLPs and writ petitions are referred to a Constitution bench.

It is also to be clarified whether the persons from reserved category who are already selected in the merit category without taking any relaxation/concession available for the reserved category candidate can actually avail the better preference of service from the services under reserved category list as that will be solely based upon the caste of the candidate that is whether he is SC/ST or OBC as he has already been selected in the general category on the basis of his merit only. Appeal was filed by the Union government and others.