Hearing of plea against UPSC on July 18

Legal Correspondent

New Delhi: The Supreme Court will hear on July 18 a petition filed by 12 candidates challenging the Union Public Service Commission’s decision to revise the result of the Civil Service Examination (CSE)-2007 by deleting 96 quota candidates from the ‘general list’ and adding them to the ‘reserved category list.’

A three-Judge Bench of Chief Justice K.G. Balakrishan, Justice P. Sathasivam and Justice J.M. Panchal fixed the date of hearing after the petition was mentioned by senior counsel K.T.S. Tulsi and Shree Prakash Sinha for early listing.

The petitioners sought quashing of the second provisional list published by the UPSC on June 26. The revised provisional list was published after the apex court on May 19 stayed a Madras High Court order setting aside the merit list prepared by the UPSC for the year 2007. The High Court on March 20 had quashed Rule 16(2) of the CSE Rules holding that it ran counter to the benefit of Scheduled Castes, Scheduled Tribes and OBC candidates.

The petitioners contended that the two Constitution Benches of the Supreme Court in their earlier judgements had already settled the law that a reserved category candidate selected in general merit list could not be counted in the reserved category for the purpose of total number of seats to be allocated to them. Further, Rule 16(1) of the amended CSE Rules categorically stated that reserved category candidates selected in general merit list without recourse to any relaxation would not be counted as those belonging to the reserved category.

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