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Supreme Court of India 2021-10-22 allowed

Union of India and Anr vs Ms. A. Shainamol, IAS and Anr

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

Ms. A. Shainamol, an OBC candidate selected in the Civil Services Examination 2006 without availing OBC relaxations, was allocated Himachal Pradesh cadre. She challenged this, seeking Kerala cadre allocation. The Supreme Court held that consultation for cadre allocation is required with the State to which the candidate is allocated, not their home State. An OBC candidate who qualifies on general merit must be treated as a general category candidate. Selected candidates have no right to choose their cadre; allocation is an incidence of service determined by the Union using the established roster system. The 89-vacancy decision was rational and based on the number of districts in each State. The Court allowed the appeal and set aside the High Court and Tribunal orders directing Kerala cadre allocation.

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Administrative Law Civil Service All-India Services Cadre Allocation Scheduled Castes and Scheduled Tribes Other Backward Classes Service Allocation Territorial Jurisdiction

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