Monday, November 29, 1999

SC ruling to restrict OBC entry into civil services

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The Supreme Court on Friday upheld a rule that allows the adjustment of reserved category candidates - the SC, ST and OBC - against their quota seats even if they manage to qualify an examination for government services on merit.The ruling could lead to a significant fall in the total number of SC, ST and OBC candidates making it to the civil services.Upholding an amendment to the Civil Service Examination Rules, a five- judge Constitution bench presided over by Chief Justice K. G. Balakrishnan allowed the government to shift a meritorious reserved category (MRC) candidate from the general merit list to the reserved list if he avails any benefit - meant for the reserved category รข€” at the time of allocation of service.That means the general category seats will not be open for them if they opt for any benefit, including the one on eligibility criteria, at any stage of the examination.Rule 16, which has been upheld by the court, would virtually come in the way of these candidates from getting more seats than that had been reserved for them. Barring the toppers, generally all reserved category candidates qualifying on merit would opt for a service of higher preference and exhaust the reserved seats.As per the Rule that was amended in 2004, a reserved category candidate making it to the merit list is to be adjusted against the reserved quota even if he avails a single concession in the "eligibility" criteria.Thus, even a civil services topper would be adjusted against the quota seats if he topped the examination in his sixth attempt - a general candidate is allowed only four. This would lead to a selected reserved candidate being dropped from the quota list to make way for the topper. A general category candidate on the waiting list would, on the other hand, get a job against the seat vacated by the topper.There were 144 OBC quota seats in 2006 but 41 were exhausted by those OBCs who had made it to the general merit list.The trend continued in 2007, with 76 OBCs in the merit list making way for 76 general candidates in the waiting list and scuttling the chances of as many in the quota list. Some OBC candidates adversely affected by the amended rule had taken to judicial recourse. The Centre had appealed to the Supreme Court after the Madras High Court struck down the amendment.The verdict will not affect reservation in any educational institution in the country.Reproduced From Mail Today. Copyright 2010. MTNPL. All rights reserved.

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