Observations :
Here I would go along the center's view as the service and the posts are not equiavent, against the essense of the present judgement. For each service , there will be a set of posts reserved for OBC, SC and STs.
The reserved candidate entered in to the merit list on his own can always get into better service, If he chooses so. Most of these aspirants prefer some services to the others. So they will take the reserved seats for such categories. So in effect, these vacancies so produced should give way to the unreserved candidates in the merit list. As the unreserved post got vacated.
How ever in these judgement , As the learned Judge interpreted both the service and post as the same. It will make sense for me only if there is no priority between the Services. But in reality , because of the difference between people perception towards services the present condition arises.
If you go by the present judgement , One painful reality will be the number of people who has utilised their caste based reservations to get into the posts will be always higher than the number of posts reserved for them in those services as per the constitution. This goes against the spirit of Art. 335 {It states that there should be a balance between the administrative efficiency and the affirmati ve action }.
Now, The Govt of India and UPSC will any way move against this order to the Apex Court to clarify their position, we have to wait and watch out for the final results.
For aspirants who think they are in those wait lists , It is going to be even longer wait than expected. Why dont these petitions directly taken by the APEX court itself, as it gonna save lot of time and money for the lower courts, governments ,UPSC and most importantly for people who filed these petitions.
9 comments:
Sir,
I wonder how many intellectuals have taken note of the recent Madras High Court judgement quashsing the UPSC merit lists of 2006 and 2007.
In a nutshell the judgement allows the reserved category candidates getting into merit on their own option to choose a better service as part of their being reserved category persons as well as retain the seat meant for general candidates apart from 50% reservation seats. Thus reserved category would get as per the judegement more than 50% seats.
Without going into the meritr or demrits of the judgement I would like to pose the question that if the reserved category , mostly under OBC, candidates can get their selection under the merit of general candidates then where is the need to reserve seats for them. The whole essence of reservation is that candidates from these classes/castes lag and cann't compete with general class candidates due to social or historical reasons. The question arises for how much time or upto what criteria of progress will the reservations continue. Essence is if the OBC are progressive enough to get into merit on their own then why should they require reservations. Infact now the process of dereservation should start.
The Madras High Court Judgement means that posts for reserved category candidates is in theory reserved upto 100% rather than the Constitutional limit of 50%. They have their 50% reservations as well as other 50% are open to them. A time will come when the general class candidiates will not have even 5-10% seats for them as OBC generally comprising of dominant castes apart from some SC and ST will corner even the general open seats. What a shame and what a reverse discrimination with youth of this country who are unfortunate to have been "not born as SC, ST or OBC".
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