SC: Union Govt contended that Civil Services rule 16(2) in c

The Union government contended before the constitution bench of the Supreme Court that Rule 16(2) of the civil services is in confirmity with the concept of meritorious result category and affirmative action by the state to bring at par the socially, economically and educationally backward segments of society by extending benefits of relaxation to them in government jobs.

Solicitor General Gopal Subramanium, who concluded his argument on behalf of the Centre also pleaded before the court that Rule 16(2) is fully valid and will not have any adverse effect on the efficiency of administration as per Article 335 of the Constitution of India.

He also contended before a bench comprising Chief Justice K G Balakrishnan, Mr Justice S H Kapadia, Mr Justice R V Ravindaran, Mr Justice B Sudarshan Reddy and Mr Justice P Sathasivam that Rule 16(2) is in line with Article 46 of the Constitution, which enjoins a duty on the state to go for affirmative pro-active approach for the uplift of backward sections of the society such as SCs, STs and OBCs.

Additional Solicitor General Indira Jaisingh also argued on behalf of the Centre.

Mr Subramanium also referred to Article one of German Constitution which speaks of equality of status and employment with dignity.

The Constitutional validity of Rule 16(2) has been challenged in the Supreme Court on the ground that the rule will adversely affect general category candidates in choosing cadres of civil services such as IAS, IPS, IRS etc.

The impugned rule permits reserved category candidate who has chosen to appear in the general category and has been selected on merit to take advantage of his reserved category status in choosing the cadre or stream of civil services like IAS and IPS.

The Union government also contended that if Rule 16(2) is quashed then the very purpose of reservation will be defeated.

The government clarified that the rule is applicable only to the extent of number of reserved category candidate who has been selected in the merit category.