AJIT KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE applicant appeared in the Civil Services Examination (CSE) 2008 and remained successful. He is visually handicapped and belongs to OBC category. He obtained rank No. 208. He was not allocated Indian Administrative Service (IAS) for which he filed OA bearing No. 2717/2009, which was disposed of vide order dated 8.10.2010 with a direction to the respondents to allocate him IAS on the basis of his rank and entitlement of the persons with visual impairment. In terms of the statutory provisions of reservation provided under The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act 1995, particularly Section 33 of the said Act.

(2.) THE applicant has sought the above reliefs primarily on the following grounds:

(3.) THE respondents state that since the applicant was appointed to IAS on the basis of his performance in 2008, at the time of allocating him to a cadre, the policy under which the cadre allocation of other candidates of CSE 2008 was finalized was followed and he was allocated to Manipur -Tripura cadre of IAS as per his rank, category, preference and vacancy available at his turn. The basic principle which was followed at the time of deciding his cadre allocation was that he should get the same cadre which he would have otherwise got, had he been recommended by the UPSC along with other candidates of CSE, 2008, in the first instance itself and appointed to IAS accordingly.