PUNEET AGARWAL Vs. UNION OF INDIA
LAWS(DLH)-2012-1-131
HIGH COURT OF DELHI
Decided on January 30,2012

PUNEET AGARWAL Appellant
VERSUS
UNION OF INDIA Respondents




JUDGEMENT

- (1.)The petitioner herein was selected in Indian Administrative Service in Civil Services Examination (CSE, 1997). He belongs to the General Category and secured fifth position in the combined merit list of the said examination. He was allocated to Manipur Tripura joint cadre of the IAS. According to him, this allotment of Maniput-Tripura cadre was contrary to the provisions of 'principles of cadre allocation' as enumerated in D.O. letter dated 31.5.1985 and on the right application of the aforesaid provisions, he should have been allocated Maharashtra cadre. His representation for change of cadre was turned down vide letter dated 11.8.1998.
(2.)Challenging the aforesaid decision of the respondent, the petitioner approached the Central Administrative Tribunal (hereinafter referred to as 'the Tribunal') by filing OA No.1080/1999 under Section 19 of the Central Administrative Act. His contention, however, has not found favour with the Tribunal, as a result whereof, the Tribunal has dismissed the said OA vide impugned orders dated 16.5.2000.
(3.)Not satisfied with the outcome, the petitioner seeks judicial review of the aforesaid orders by means of instant writ petition filed under Article 226 of the Constitution of India. The controversy is in narrow compass and revolves around the following facts:
As mentioned above, the petitioner got into Indian Administrative Service on the basis of Civil Services Examination, 1997. He belongs to 1998 batch. As is wellknown, it is an All-India cadre. Those who get selected are allotted different State cadres as per the procedure of allotment and cadre allotment. This procedure of allotment is outlined below:

(i) The vacancies for IAS to be filled up in a year through Civil Services Examination are obtained from all the States/joint cadres and a-200 point roster. The total number of vacancies of General, Other Backward Castes and Scheduled Castes/Scheduled Tribes categories. These are then distributed to the various State/joint cadres for General, OBC and SC/ST categories to keep the total of all cadres same for each category as determined by the 200 point roster.

(ii) The principles and procedure of cadre allotment given in the above-mentioned Circular are briefly summarized below:

(a) The total number of vacancies in a cadre are applied to first 30-point roster to determine the number of vacancies to be filled by inside-State and outside-State candidates. The roster operates as: Outsider, Insider, Outsider repeated by Outsider, Insider, Outsider. The roster works on a continual basis from the previous year.

(b) Another 30-point roster (2 nd Roster) is applied to each cadre for the reserved category vacancies (incorporating OBC & SC/ST vacancies) to distribute the vacancies as Outsider, Insider, Outsider and repeated as Outsider, Insider, Outsider. This roster also runs on continual basis from the previous year. The remaining vacancies marked as Insider and Outsider are for General Category candidates.



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