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This is an archive article published on May 15, 2009

SC refers UPSC quota petition to Constitution bench

Unable to decide whether candidates from reserved categories selected on merit for Union Civil Services should be appointed for reserved posts....

Unable to decide whether candidates from reserved categories selected on merit for Union Civil Services should be appointed for reserved posts,the Supreme Court has referred the matter to a larger Constitution Bench. A three-judge Bench of Chief Justice K G Balakrishnan,Justices P Sathasivam and J M Panchal said the matter involved certain complex questions of Constitutional law.

The apex court was disposing of a batch of petitions filed by the Union Government and several candidates challenging rule 162 of the Union Public Service Commission UPSC. Under the existing rule,reserved candidates,if selected on merit,are to be allocated posts in the general category. But this rule is applicable only in appointments in posts under state governments.

Under the rule,UPSC had allotted 64 candidates,belonging to OBC and SC categories selected on merit,posts under the reserved category for appointments to preferential posts. The Madras High Court had last year struck down the rule as illegal and unconstitutional,saying that it ran counter to the benefit of SC,ST and OBC candidates.

In 2006 and 2007,457 candidates were selected for the final list. Of this,31 OBC and one SC candidate made it through the merit list,but at the same time availed their postings under the reserved category. It amounts to reducing the number of posts reserved for the SC/ST/OBC and adding the same number of posts to the unreserved category,thus making a mockery of the entire rule of reservation, the High Court had said.

The UPSC has made it clear that results declared by it were provisional and would be subject to the outcome of the appeal pending before the apex court.

 

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