Petition moved in SC against revision of result by UPSC
A petition was on Wednesday filed in the Supreme Court against UPSC's decision to revise the result of the Civil Service Examination (CSE)-2007 by deleting names of 96 quota candidates from the general list and adding their names to the reserved category list.
A Bench headed by Chief Justice K G Balakrishan did not pass any order on the plea by 12 such candidates to restrain the Union Public Service Commission (UPSC) from issuing letters of appointment to successful candidates but agreed to hear the petition on urgent basis on 18th July.
The petition, which was mentioned by senior advocate K T S Tulsi and Shree Prakash Sinha, sought quashing of the second provisional list published by UPSC on June 26 in which the names of 96 reserved category candidates, selected under relaxed standards, were deleted and were kept in the reserved category list.
The revised provisional list was published after the apex court on May 19 had stayed the Madras High Court decision setting aside the merit list prepared by the UPSC for the year 2007.
The High Court on March 20 had quashed the Rule 16(2) of the CSE by holding it as 'null and void' saying that it ran counter to the benefit of Scheduled Castes, Scheduled Tribes and OBC candidates and was not affirmative, progressive and pragmatic in achieving social justice.
The petition filed by the aggrieved reserved category candidates contended that quashing of Rule 16(2) was inconsistent with other provisions of the CSE Rules and was violative of Articles 14, 16(4) and 335 of the Constitution.
The petitioners contended that the two Constitution Benches of the apex court in their earlier judgements had already settled that a reserved category candidate selected in general merit list cannot be counted in the reserve category for the purpose of total number of seats to be allocated to them.
Further, the petition said that Rule 16(1) of the amended CSE Rule categorically states that reserved category candidates selected in general merit list without recourse to any relaxation would not be counted as those belonging to the reserve category.
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