IMPORTANT POINT
Candidates belonging to the Scheduled Castes, the Scheduled Tribes or the Other Backward Classes who have been recommended by the Commission without resorting to the relaxed standard shall not be adjusted against the vacancies reserved for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes.

Headnote:SERVICE LAW—Constitution of India—Articles 14 and 16—CSE Rules, 1996—Rules 2 and 16—Appointments —Reserved seats—Entitlement—Manner in which different categories of jobs to be allocated to different categories of candidates—Reservations made for Scheduled Castes, Scheduled Tribes and OBC category candidates in Civil Services Examination—Respondents appeared from the reserved quota of OBC—Union Public Service Commission recommended one to one vacancy, 737 candidates against 737 posts—Against the OBC category 174 candidates were recommended against 174 posts—However, only 138 OBC category candidates were provided with the job—Respondents, remaining 36 OBC category candidates had been denied job—Respondents challenged their exclusion contending that quota reserved for the OBC from the relaxed standard exhausted due to the preference opted by the OBC candidates who were recommended by the Commission from open category i.e. on merit—Whether those OBC candidates, who were selected on merit and were placed in the list of open category candidates could still for the purpose of placement (preference) be considered to be OBC candidates thereby exhausting the quota reserved for relaxed OBC candidates from allocation of service—(No).
       Held : Note appended to Rule 2 is crystal clear and unambiguous. It shows that if a candidate is not allotted to any one of the services/posts for which he/she has indicated preference, he/she shall be allotted to any of the remaining services/posts in which there are vacancies after allocation of all the candidates who can be allocated to a service/post in accordance with their preferences. Further, proviso to sub-Rule 2 of Rule 16 makes it further clear in unambiguous terms that the candidates belonging to the Scheduled Castes, the Scheduled Tribes or the Other Backward Classes who have been recommended by the Commission without resorting to the relaxed standard (i.e. on merits), referred to in this sub-Rule, shall not be adjusted against the vacancies reserved for the Scheduled Castes, the Scheduled Tribes and the Other backward classes. This position has been made crystal clear in Ritesh R. Sah, (1996) 3 SCC 253 that while a reserved category candidate entitled to admission on the basis of his merit, will have the option (preference) of taking admission in the college where specified number of seats have been kept reserved for reserved category but while computing the percentage of reservation he will be deemed to have been admitted as an open category candidate and not as a reserved category candidate.(Paras 15 to 17)
       In other words, while a reserved category candidate recommended by the Commission without resorting to the relaxed standard will have the option of preference from the reserved category recommended by the Commission by resorting to relaxed standard, but while computing the quota/percentage of reservation he/she will be deemed to have been allotted seat as an open category candidate (i.e. on merit) and not as a reserved category candidate recommended by the Commission by resorting to relaxed standard. If a candidate of Scheduled Caste, Scheduled Tribe and Other Backward Class, who has been recommended by the Commission without resorting to the relaxed standard could not get his/her own preference in the merit list, he/she can opt a preference from the reserved category and in such process the choice of preference of the reserved category recommended by resorting to the relaxed standard will be pushed further down but shall be allotted to any of the remaining services/posts in which there are vacancies after allocation of all the candidates who can be allocated to a service/post in accordance with their preference. In the present case, the Commission recommended one to one vacancy, altogether 737 candidates against 737 posts. Against the OBC category 174 candidates were recommended against 174 posts. By opting a preference, the quota reserved for OBC candidate does not exhaust. There are still vacancies after allocation of all the candidates in order of preference who can be allotted to any of the remaining services/posts in which there are vacancies after allocation of all the candidates who can be allotted to the services/posts in accordance with their preference. This is the mandate of the note appended to Rule 2. At the risk of repetition, the Commission recommended 737 candidates against 737 posts. So far OBC category is concerned, 174 candidates were recommended against 174 posts. We are totally at a loss as to what had happened to those remaining services/posts after allocation of services to all the candidates in terms of their preferences.(Paras 19 to 22)

JUDGMENT

H.K. Sema, J.—These appeals have been preferred by the Union of India aggrieved by the judgment and orders dated 10.9.2002 (in Civil Appeal Nos. 5505-07/2003) and 29.4.2003 (in Civil Appeal No. 7004/2003) of the Division Bench of the High Court of Delhi in Civil Writ Petition Nos. 3561/99, 3562/99, 867/2000 and 2751/2000 respectively. For brevity, we are taking facts from Civil Appeal No. 5505 of 2003. The respondent belongs to Other Backward Class (OBC) Reservations were made for Scheduled Castes, Scheduled Tribes and OBC category candidates in Civil Services Examination (CSE) Rules, 1996. The respondent appeared from the reserved quota of OBC. The Union Public Service Commission (Commission) recommended in all 739 candidates, out of which 2 candidates were withheld and 737 candidates were recommended one to one for appointment against the vacant posts from various categories.

2. The following chart would made clear the manner in which the different categories of jobs were to be allocated to different categories of candidates.

Category/ IASIFSIPSGr.AGr.BTotal Cadre

General380748157133383

OBC2003257254174

SC1203155639125

ST060108231957

Total761496308245739

3. The chart shows that against the OBC category total 174 candidates were recommended for 174 vacancies. In these appeals we are concerned only with OBC category candidates. From the OBC category, three candidates were included in the general merit list. 36 OBC category candidates were also included in the general merit list on the recommendation of the Commission. However, a preference was given from the relaxed quota, reserved for the OBC category candidates. Despite 174 vacancies earmarked for the OBC category candidates, and the candidates were recommended for 174 vacancies, only 138 OBC category candidates were provided with the job and the rest 36 OBC category candidates (respondents) had been denied job. By way of illustration, a candidate whose name figured at Sl. No.620 in the merit list had been provided with a job but the respondent herein, who was at Sl. No. 606 in the merit list had been denied the job.

4. We have heard Mr. T.S. Doabia, learned Senior counsel for the Union of India, Mr. L. Nageswar Rao, Sr. Adv. Mr. Ranjit Kumar, Sr. Adv. and Mr. Gopal Prasad, learned counsel for the respondents.

5. The principal contention of Mr. T.S. Doabia is that since there were only 174 vacancies in the OBC category in various services and posts, certain candidates belonging to that category and recommended by the Commission for appointment against the vacancies for OBC category candidates in services/posts could not be allocated to any services/posts due to lack of vacancies. It is his further contention that the quota reserved for the OBC from the relaxed standard exhausted due to the preference opted by the OBC candidates who were recommended by the Commission from open category i.e. on merit.

6. Per contra, it is contended by Mr. Nageswar Rao, Ranjit Kumar and Gopal Prasad that such submission is contrary to the note appended to Rule 2 of the Civil Services Examination Rules 1996 (in short the Rules) which says that if he/she is not allotted to any one of the services/posts for which he/she has indicated preference, he/she shall be allotted to any of the remaining services/posts in which there are vacancies after allocation of all the candidates who can be allocated to a service/post in accordance with their preferences.

7. It is their further contention that the stand taken by the Union of India also runs to the teeth of the proviso to sub-Rule 2 of Rule 16 of the Rules which says that the candidates belonging to the Scheduled Castes, the Scheduled Tribes or the Other Backward Classes who have been recommended by the Commission without resorting to the relaxed standard, referred to in the Rules, shall not be adjusted against the vacancies reserved for the Scheduled Castes, the Scheduled Tribes and the Other backward classes. They further contended that the reserved categ

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2006 Supreme(SC) 329

Cases Referred (4)