SC upholds selected UPSC candidates right to quota benefits
By ANIFriday, May 7, 2010
NEW DELHI - A five judge Constitution Bench of the Supreme Court on Friday upheld the constitutional validity of a Union Public Service Commission (UPSC) rule allowing merit list candidates belonging to reserved category to avail the quota benefit while choosing posts.
The bench consisting of Chief Justice K G Balakrishnan and Justices S H Kapadia, R V Raveendran, B Sudershan Reddy and P Sathasivam set aside an earlier Madras High Court judgment on the issue.
The court passed the order on a special leave petition filed by the Centre challenging the Madras High Court verdict.
“Such migrations of reserved category candidates taking the benefit of reservation even after making into merit list is not inconsistent with the provision of the Constitution….Appeals are allowed,” the court said in its judgment.
Earlier, the Madras High Court had ordered that if a candidate from reserve category vacates his place in a general category merit list in civil services examination conducted by the UPSC and opts to prop up his position by opting for caste-based benefit, then the vacant general category seat should go to a reserved category candidate. (ANI)
