O.A. No.2412/2013. Case: Rahul Singh Vs DOP&T and Anr.. Central Administrative Tribunal

Case NumberO.A. No.2412/2013
CounselFor Appellant: Advocate: Shri Ajesh Luthra and For Respondent: Advocate: Shri Rajeev Kumar
JudgesMr. Sudhir Kumar, Member Administrative and Mr. A.K. Bhardwaj, Member Judicial
IssueIndian Administrative Service (Cadre) Rules, 1954 - Rule 5; Constitution of India - Article 312
Judgement DateSeptember 13, 2013
CourtCentral Administrative Tribunal

Order:

Mr. Sudhir Kumar, Member Administrative (New Delhi Bench)

  1. The applicant who was a candidate for the Civil Services Examination, 2012 has submitted that he has since been included in the select list and assigned 13th rank in the final list of selected candidates. He submitted that while filling up the form to appear in the Civil Services (Main) Examination to be held in October-November, 2012, in clause 20 of the form, while marking his preference against all 24 given cadres, he had inadvertently marked his first preference against AGMUT for IAS and IPS, although he wanted to mark Haryana as his first preference for IAS and AGMUT as his first preference for IPS. According to him he realized his error after declaration of the result on 03.05.2013, and, through his representation dated 08.05.2013, requested the Respondent No.2, Union Public Service Commission (UPSC, in short) to consider his request for changing his preference for cadres, and being provided with a fresh preference sheet for IAS so that he can give Haryana as his first preference. Respondent No.2 UPSC has since rejected the request through their impugned endorsement dated 29.05.2013 (Annexure A-1), stating that his request for change in state cadre preference cannot be considered, as there is no provision for such change in the rules for the examination. Therefore, the applicant is before us at the stage of interim relief itself, praying for the following final and interim reliefs:-

    Final Reliefs

    "

    1. Quash and set aside the impugned actions, orders and rule placed at Annexure A/1, A/2, A/3;

    b) issue appropriate directions to the respondents to make necessary change in the cadre preference sheet for IAS;

    c) issue appropriate direction to the respondents to consider his cadre allocation taking in to consideration Haryana as his first preference for IAS;

    d) pass any other orders as may be deemed just and proper in the facts and circumstances of the case including the costs of this original application.

    Interim Relief:-

    The applicant prays that during pendency of this original application the respondents may please be directed to allot a cadre to the applicant on the basis of his new preference sheet and taking Haryana as the first preference for IAS provisionally".

  2. When the case was listed for issuance of notice, short notice was issued to respondents, both on final relief as well as on interim relief, and one of the panel counsels of Union of India present in the Court had accepted notice on behalf of both respondents, for the time being, and had sought a week''s time to file short reply on the point of interim relief. On 06.08.2013, the learned counsel for Respondent No.1, DoP&T, submitted that he will file a short reply by following day, while the learned counsel for Respondent No.2 (UPSC) sought time to file a detailed counter reply, but the learned counsel for the applicant pressed for Interim Relief. After several adjournments sought by both sides, the matter was finally heard in respect of the Interim Relief on 09.09.2013.

  3. During arguments, learned counsel for the applicant assailed a portion of the Notification for the Civil Services Examination 2012, which states as follows:-
    "MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES

    AND PENSIONS

    (Department of Personnel and Training)

    NOTIFICATION
    New Delhi, the 4th February, 2012

    RULES

    F. No. 13018/20/2011-AIS(I).The rules for a Competitive examinationCivil Services Examinationto be held by the Union Public Service Commission in 2012 for the purpose of filling vacancies in the following services/posts are, with the concurrence of the Ministries concerned and the Comptroller and Auditor General of India in respect of the Indian Audit and Accounts Service, published for general information:-

    (i) The Indian Administrative Service.

    (ii) The Indian Foreign Service.

    (iii) The Indian Police Service.

    (iv) to (xxiv)xxxxxxxxx(Not reproduced here)

    1. The examination will be conducted by the Union Public Service Commission in the manner prescribed in Appendix Ito these rules.

    The dates on which and the places at which the Preliminary and Main Examinations will be held shall be fixed by the Commission.

  4. A candidate shall be required to indicate in his/her application form for the Main Examination his/her order of preferences for various services/posts for which he/she would like to be considered for appointment in case he/she is recommended for appointment by Union Public Service Commission. No change in preference of services once indicated by a candidate would be permitted.

    A candidate who wishes to be considered for IAS/IPS shall be required to indicate in his/her application form for the Main Examination his/ her order of preferences for various State caders for which he/she would like to be considered for allotment in case he/she is appointed to the IAS/1PS. No change in preference of cadre once indicated by a candidate would be permitted.

    ...

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