UNION OF INDIA Vs. DIVYANSHU PATEL

JUDGEMENT

(1.) Cav No. 1081/2018

(2.) The respondent appeared in the Civil Services Examination (CSE), 2016. He claimed benefit of reservation as an OBC category candidate. He secured 204th rank in the list of candidates recommended by the Union Public Service Commission (UPSC) for appointment on the basis of CSE 2016 in the OBC category. The respondent, together with other successful candidates, was directed to undertake training at Lal Bahadur Shastri National Academy of Administration, Mussoorie from 28.08.2017 to 08.12.2017. However, he was not allocated any service. This was on account of the stand taken by the petitioner that he was not entitled to reservation as an OBC candidate, as he fell within the "Creamy Layer" in terms of the O.M. dated 08.09.1993 read with the clarification dated 14.10.2004.

(3.) The respondent herein was aggrieved by the stand taken by the petitioner and preferred an Original Application i.e. O.A. No. 4366/2017. The Tribunal directed the petitioner to consider the representation of the respondent and pass a speaking order. Consequently, on 17.01.2018 the petitioner passed an order giving its reasons for non consideration of the respondent as an OBC category candidate and for the petitioner's stand that he fell within the "Creamy Layer". The relevant extract from the said order reads as follows: