Thursday, May 20, 2010

THE RECENT DECISION OF SUPREME COURT CAME AGAINST THE SC-ST-OBCs

(NOT IN FAVOUR OF SC-ST-OBC)

GREAT LOSS TO OBCs DUE TO THIS POLICY/PROCEEDURE

Decision disappointed the SC-ST-OBCs of India as now selection of reserved category candidates in “unreserved-seats” will have no means.

Now, moreover all reserved category candidates SELECTED IN UNRESERVED SEATS will be counted in reserved seats because everybody (reserved category candidate) wants better service choice & which he will get in reserved seats only.

The vary purpose of reservation for candidates selected in “reserved-seats” other than those selected in “unreserved-seats” will be defeated.

Now most of the candidates selected in reserved seats by relaxed standard will be kicked out as the "Candidates who avail the benefit of Rule 16(2) and will be adjusted in the reserved category seats to improve service choice will be counted as part of the reserved pool for the purpose of computing the aggregate reservations.”

Accordingly all the candidates selected in “reserved-seats” will not get the jobs due to this faulty allotment procedure and will be kicked out even after they have been selected by the UPSC.

DECISION

News of Supreme Court Decision by Times of India is reproduced here-----

SC upholds UPSC ban on double reservation benefit

NEW DELHI: The SC on Friday upheld the validity of a civil services examination (CSE) rule virtually stopping double quota benefit for reserved category candidates who qualify on merit after competing under general quota.


A bench comprising Chief Justice K G Balakrishnan and Justices S H Kapadia, R V Raveendran, B Sudershan Reddy and P Sathasivam quashed a Madras High Court order which had termed the CSE rule 16(2) as unconstitutional. Rule 16(2) provides an opportunity to reserved category candidates, who rank among the general category, to fall back on their backward class status and improve their service choice.
The improved service so availed by the reserved category candidate would then be counted against the quota posts specified for that service.

For example, if a reserved category candidate secures a rank in general category that fetches him Indian Revenue Services, then he could avail his backward status to improve his service and even get IAS.

Under Rule 16(2), the IRS post so vacated by the candidate by falling back on his SC, ST or OBC status, would then be offered to a general category candidate next in the waiting list. The HC had termed Rule 16(2) as unconstitutional as it was detrimental to the intention of socially affirmative action provided under the law.

Challenging this judgment, the Centre and a host of petitioners termed the HC ruling anomalous. Appearing for one of the petitioners, advocate Anirudh Sharma had argued that it would amount to giving reservation over and above the specified percentage of posts reserved for SCs, STs and OBCs. The SC had on June 1, 2008, stayed the HC judgment.

Writing the unanimous verdict for the five-judge bench, CJI Balakrishnan said, "Candidates who avail the benefit of Rule 16(2) and are adjusted in the reserved category should be counted as part of the reserved pool for the purpose of computing the aggregate reservations.

Above news of Supreme Court Decision is also available at URL---------

http://timesofindia.indiatimes.com/india/SC-upholds-UPSC-ban-on-double-reservation-benefit/articleshow/5905223.cms

Sentences of decision which are against the OBCs are----

(1) The improved service so availed by the reserved category candidate would then be counted against the quota posts specified for that service.


(2) Under Rule 16(2), the IRS post so vacated by the candidate by falling back on his SC, ST or OBC status, would then be offered to a general category candidate next in the waiting list.

(3) "Candidates who avail the benefit of Rule 16(2) and are adjusted in the reserved category should be counted as part of the reserved pool for the purpose of computing the aggregate reservations.

Er. Shailendra Wagadre B.E. (Civil) with Honours, All India Principal General Secretary APAAX (since 1998), NB-69, AB Type Colony, MPSEB, SARNI (MP). Queries welcomed, without hesitation on… swagadre@rediffmail.com or skwagadre@gmail.com or 09425003700(Mob.) or 07146277477 (Res.)

VISIT MY WEBSITE WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.