HITESHKUMAR S. MAKWANA Vs. SECRETARY

JUDGEMENT

(1.) The present petition is filed by the petitioner challenging order dtd. 13/11/2006 passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad in Original Application No.398 of 1996, by which request of the petitioner to allocate him Gujarat cadre as insider in place of Tamil Nadu.

(2.) Learned Advocate for the petitioner submitted that the petitioner was the only person who was appointed to the Indian Administrative Services from Gujarat on successfully clearing of the Civil Services Examination in the year 1994 and despite there being a vacancy for insider in the State of Gujarat, the petitioner was allocated Tamil Nadu Cadre as an outsider.

(3.) As against this, learned Advocate for the respondentdepartment submitted that the petitioner filed Original Application No.398 of 1996 before the Central Administrative Tribunal, Ahmedabad Bench claiming allocation to Gujarat cadre-his home State in lieu of Talim Nadu. The application filed by the petitioner has been dismissed vide judgment and order dtd. 22/4/1999. Against that judgment, the petitioner filed the present petition mainly on the ground that insider vacancy should go to the available insider candidate irrespective of his category and accordingly, he should be allotted Gujarat State against the available insider OBC vacancy as he is the only insider (SC) from Gujarat in 1995 batch. It is submitted that merely availability of insider vacancy does not suo motu entitle him for allocation against that vacancy and he cannot be accommodated against the vacancies earmarked for OCB or general candidates. The petitioner could be accommodated against the only insider OBC vacancy in Gujarat had there been an outsider SC /ST vacancies to facilitate the exchange between the outsider SC /ST vacancy and the insider OCB vacancy. The composition of number of vacancies available from each community category (in this case one OBC and one UR), cannot be allowed to change as that would disturb the balance.