SYAM NATH S. Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Original Petition, petitioner challenges order dated 26/3/2019 in OA No.252/2018 of the Central Administrative Tribunal (CAT), by which his application was dismissed.

(2.) Petitioner was an applicant for the UPSC Civil Services (Main) Examination and his first preference was to Indian Foreign Service (IFS). However, he was allocated to the Indian Customs and Central Excise Service Group (A).

(3.) Petitioner's contention was that he belonged to Hindu- Ezhavathi Community which comes under Other Backward Classes (OBC). Petitioner applied under the general category, since according to him, he was prevented from claiming reservation benefit under OBC on account of denial of non- creamy layer certificate. Petitioner was issued with a non-creamy layer certificate only on 6/6/2017. The ranked list was published on 31/5/2017 and the petitioner was allotted rank No.345. He further submits that one Mr.Varun Yadav who was belonging to OBC category having Rank No.615 was allotted IFS. After obtaining a non-creamy layer certificate, petitioner filed a representation to the Union of India and Union Public Service Commission seeking intervention and his request was to provide him the benefit of reservation and an opportunity to serve IFS. When his attempts for change of category turned futile, he approached the Tribunal inter alia challenging Annexures A12 and A23 and for a direction to allow category change of the applicant from general to OBC in the light of the non-creamy layer certificate issued in his favour and to allocate him his first choice of IFS after reallocating the rank list based on his OBC status. The Tribunal by the impugned order having observed that as the petitioner had submitted his application under the general category, and having not made any claim for being considered as an OBC candidate, held that a re-adjustment is not practical as it would unsettle service allotment of several hundred candidates. Accordingly, the original application was dismissed.