NEW
DELHI: The Centre has told the Supreme Court that its selection process for
coveted central services like IAS and IPS are in the furtherance of the
reservation policy. At the time of service allocation, the vacancies are
strictly filled from the candidates of the category for which they are
earmarked.
This is the reason,
why the recommendation for allocation to such services by the Union Public
Service Commission is devised to be made in two phases, said the government.
On Centre’s plea, the
apex court on Monday had stayed Madras High Court order which had held amended
Rule 16(2) of Civil Services Examination Rules as unconstitutional. In its March
20 order, the high court had said, “When a post is reserved, the question
of allotting a service in the reserved category to a person who has been
included in the unreserved merit list does not arise.
It amounts to reducing the
number of posts reserved for SC/ST/OBC and adding the same number of posts to
the unreserved category, Thus making the mockery of entire rule of
reservation”.
In its
Special Leave Petition, the Centre, however, said that the UPSC recommends the
candidates against the vacancies in two phases.
In the first phase, the
commission recommends general candidates in number equal to the total number of
general vacancies reduced by the number of reserved category (SC, ST, OBC)
candidates selected on general standards, OBC candidates in number equal to the
total number of OBC vacancies reduced by the number of OBC candidates selected
on general standards, SC candidates in number equal to the total number of SC
vacancies selected on general standards and ST candidates in number equal to the
total number of ST vacancies reduced by the number of ST candidates elected on
general standards.
In the
first phase, UPSC also recommends all the reserved candidates who qualified on
general standards i.e. those figuring above the last general candidate in the
merit list but not having availed any relaxation/ concession in terms of age
limit, number of attempts or qualifying standards at preliminary examination.
If a candidate has taken any
of the concession/relaxation in the eligibility or selection criterion at any
stage of examination,then he is not treated by the UPSC as having qualified at
general standards, notwithstanding his rank in the final result.
While recommending the
candidates in the first phase, UPSC also maintains a consolidated reserved list
that consists of as many candidates selected on general standards from that
category. Further, it also includes as many general candidates as there are
total reserved category candidates selected on merit. Thus the total number of
the candidates in the consolidated reserve list is equal to the total number of
reserve category candidates selected on merit.
This arrangement will deal
with two extreme possible scenarios. First, where all the reserved category
candidates get adjusted against the general vacancies requiring additional
reserved category candidates to fill up unfilled reserved vacancies. Second,
where all the reserved category candidates get adjusted against the reserved
vacancies requiring additional candidates to fill up remaining general
vacancies.
Thus the
recommendation in the second phase from the consolidated reserve list ensures
that the number of recommended candidates of various categories ultimately match
with the number of vacancies in particular categories, said
centre.
“Rule 16(2) of
the CSE Rules has been amended to ensure and subserve and further advance the
very principle of reservation as under the said rule the reserved category
candidates get a service of higher choice in order of preference,” said
the government.