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The Union Public Service Commission might have to rework Friday's results of the Civil Services Examination after the Supreme Court on Monday put a stay order on the Madras High Court order which had increased the posts that are reserved for the SCs, STs and OBCs in the top bureaucracy beyond the already specified 50%.
Now, many candidates who are celebrating their success stand a risk of being thrown out of the list when it is revised because of the stay ordered by a bench which comprised of Justices C K Thakker and L S Panta on a petition that was filed by the Centre.
Personnel Secretary Satyananda Mishra said that the real implication of the stay order will be known at the time of actual allocation of the services to various candidates. Though the High Court order is connected to the batch which cleared the Civil Services Examinations in the year 2005, it has implications for the candidates who made the grade on Friday. This order of the High Court struck down the Rule 16(2) which was designed to deal with the reserved category of candidates who claim the quota benefits each year.
Such candidates, who are selected on 'merit' basis, are ranked among the general category students. But according to the Rule 16(2), they can claim reservation benefit for a better service. For example, if somebody makes it to the Indian Revenue Service can invoke his reserved status to get into the Indian Administrative Service (IAS). This same rule is also laid down that IRS post which is vacated in this way would come to the general category. Madras High Court, however, deferred this rule, which meant the IRS post which is emptied this way would go to the reserved category, instead of going to the general category.
In the petition filed, the Centre had said that the implementation of the High Court order would mean a breach of about 50% cap on the quota. All past records show that a good number of reserved candidates have been finding place in the general list. Their number was 32 in the year 2005. It is likely that names of some candidates may have to be deleted from this year's list.
The Union Public Service Commission (UPSC) had this time recommended a total of 734 vacancies in IAS, IPS, IFS, Group A and Group B Services. Before the Madras High Court ruled against the Rule 16(2), the UPSC used to announce a substitute list whereby it used to totally omit the exact number of reserved candidates who had found a place on the general list so that there was no violation of the 50% cap on reservation which was made mandatory by the Supreme Court. These candidates then had the option to be either considered in the 'reserved' or 'general' categories. Then, according to the final situation, UPSC used to issue a second list.








