New Delhi: Reservation rules for general
and reserved candidates in All India Services like IAS and IPS
cadre cannot be altered by the Government as it would violate
the Constitution, the Supreme Court has ruled.
A bench of justices RV Raveendran and AK Patnaik in
their ruling said that the roster system for general, SC, ST
and OBC candidates should be strictly adhered to and
reservation in excess of the prescribed quota limit is illegal
"The roster system ensures equitable treatment to both
the general candidates and reserved candidates and hence the
roster system cannot be by-passed on some ground or the other
which may result in unfair treatment to either general
candidates or reserved candidates in violation of their right
to equality under Articles 14 and 16(1) of the Constitution,
Justice Patnaik writing the judgement observed.
The apex court passed the ruling while dealing with
the petition of G Srinivas Rao, an IPS officer and a general
candidate, challenging the Centre`s decision to allot him the
Manipur-Tripura Joint Cadre on October 27, 1999, instead of
his home cadre Andhra Pradesh.
It was Rao`s case that he obtained 95th rank in the
Civil Services Examination, 1998, but another OBC candidate
who secured 95th rank was allocated the AP cadre.
The Centre defended the decision on the ground that
OBC candidates were granted two additional quota over the
prescribed limit as their quota was not filled in 1998,
whereas the general quota had two additional seats in the said