SC stays Madras HC order on CSE rule

The Supreme Court today stayed till further order the operation of the Madras High Court as well as tribunal ruling, striking down Rule 16 (2) of civil services examination (CSE).A vacation bench comprising Justices C K Thakker and Lokeshwar Singh Panta also issued notices to the respondents on an appeal filed by the Centre challenging the order of Madras High Court.The Madras High Court had in March this year struck down Rule 16 (2). The rule says that if a candidate belonging to reserved category appears as a general category candidate and gets selected on merit without availing concession, he can move to the reserved category to get the service of his choice like IAS, IFS and others. According to the government, if this rule is struck down then a candidate getting 90 per cent marks from the general category cannot get the category of his choice in civil services while a candidate getting 60 per cent in the reserved category can get selected in the category of his choice on the basis of reservation and this puts the general category candidate in a disadvantageous position in comparision to reserved category candidates.The court directed the respondents to file their counter affidavit within three weeks and the government will file its rejoinder within three weeks thereafter.The impugned High Court order came on a petition filed by a candidate belonging to the 2005-06 batch.With the stay order, the apex court has cleared the decks for selection of the civil services candidates as per Rule 16 (2) of CSE Rules. The results for civil services were declared on Friday.

UNI
5/19/2008
http://www.indlawnews.com

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