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.
