SC modifies HC order quashing IAS, IPS cadre allocation

The Supreme Court on Friday modified the Delhi High Court's judgement that had quashed cadre allocation of IAS and IPS officers of the 2018 batch.

A bench of Justices Indira Banerjee and Sanjiv Khanna allowed the Union government's plea that about 20 selected candidates, who challenged an office memorandum on allocation of cadre, would be accommodated, by giving them fresh choices.

"This will be done by increasing one post in the respective state cadres this year, which will have to be adjusted in coming years," the bench recorded the submission by Solicitor General Tushar Mehta.

The court termed the decision made by the Union government during the course of hearing itself as done in "exemplary fairness".

It, however, clarified that such accommodation was being made in exceptional case and will not be treated as a precedent for other
candidates of the same batch or in future.

During the hearing, the bench said the language of office memorandum of September 5, 2027 was "extremely vague."

"You can resolve it. Circular should have been more clear you should have explained by example on manner of allocation of cadres," the bench said.

Mehta, for his part, said except 20 candidates, all others selected candidates have duly understood it. He said sustaining the high court's judgement would affect the entire arrangement at a time, when the substantial part of training including language skills, have been imparted.

He, however, suggested an arrangement, giving fresh choices to the candidates, which was accepted by the court.

Senior advocate Kapil Sibal, appearing for the candidates, said the policy was discriminatory in application and violative of Article 14 and 16 of the Constitution. He said the convenience can't be an issue when question of fundamental rights are involved.

The candidates contended the cadre allocation policy was implemented in violation of the principle of equality in as much, as, the more meritorious candidates, who have ranked higher in Civil Services Examination 2017, have been denied allocation to cadres for which they had given their preferences.