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Reserved category candidate selected in unreserved category can opt for reserved category

Raj Kumar Makkad ,
  05 June 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Constitutional validity of sub-rules (2) to (5) of Rule16 of the Civil Service Examination Rules - Whether candidates belonging to reserved category, who get recommended against general/unreserved vacancies on account of their merit (without the benefit of any relaxation/concession), can opt for a higher choice of service earmarked for Reserved Category and thereby migrate to reservation category?
Citation :
Union of India v. Ramesh Ram (Decided on 07.05.2010) MANU/SC/0343/2010

Held - Candidates who avail the benefit of Rule 16 (2) and 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. 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 of 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 of candidates i.e. a) meritorious reserved category candidates b) relatively lower ranked reserved category candidates, for the purpose of allocation to the various Civil Services with due regard for the preferences indicated by them. The reserved category candidates "belonging to OBC, SC/ ST categories" who are selected on merit and placed in the list of General/Unreserved category candidates can choose to migrate to the respective reserved category at the time of allocation of services. Such migration as envisaged by Rule 16 (2) is not inconsistent with Rule 16 (1) or Articles 14, 16 (4) and 335 of the Constitution. Appeals Allowed.

 

 
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Published in Constitutional Law
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