UNION OF INDIA Vs. SATYA PRAKASH

JUDGEMENT

(1.) 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) arid 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 make clear the manner in which the different categories of jobs were to be allocated to different categories of candidates. <FRM>JUDGEMENT_1815_AIR(SCW)_2006Html1.htm</FRM>

(3.) 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.