The court reaffirms that home state preference must be first for insider vacancies; quashes creation of supernumerary post.
In a significant ruling, the Delhi High Court has quashed an order from the Central Administrative Tribunal (CAT) which had directed the Union of India to allocate the Rajasthan cadre to Shri Raj Priy Singh, an Indian Forest Service officer, by creating a supernumerary post. The Division Bench comprising Justices Navin Chawla and Madhu Jain underscored the necessity for candidates to prioritize their home state as their first preference to be considered for insider vacancies under the Cadre Allocation Policy for All India Services.
The case revolved around the cadre allocation process for Shri Raj Priy Singh, who joined the Indian Forest Service in 2010. Singh had sought allocation to his home state of Rajasthan as his sixth preference, which led to his allocation to the Nagaland cadre, his 22nd preference. The tribunal had initially ruled in Singh's favor, directing the creation of a supernumerary post in Rajasthan for him. However, the High Court found this direction unsustainable.
Citing the Cadre Allocation Policy, 2008, the court emphasized that cadre allocation must be based on merit, preference, and available vacancies, and that no candidate has a vested right to a specific cadre, including their home state. The court further highlighted that the preference for the home state must be the first to be considered for insider vacancies. The judgment clarified that the allocation process first addresses insider vacancies for candidates who have marked their home state as the first preference, and only unfilled insider vacancies can be treated as outsider vacancies.
This judgment echoes the principles laid down by the Supreme Court, reiterating that while candidates have a right to fair consideration, they do not have a right to a specific cadre allocation. The court's decision to set aside the tribunal's order reinforces the structured approach prescribed by the Cadre Allocation Policy, ensuring that the allocation process remains consistent and merit-based.
The verdict underscores the importance of the Cadre Allocation Policy's provisions, particularly the need for clarity in candidate preferences and the adherence to established guidelines for equitable cadre allocation.
Bottom Line:
Cadre Allocation Policy for All India Services - A candidate must give their Home State as their first preference to be considered for insider vacancies; allocation is based on merit, preference, and available vacancies in respective categories.
Statutory provision(s): Cadre Allocation Policy for All India Services, Clause 5 to 8 of the Cadre Allocation Policy, Article 14 and Article 16(1) of the Constitution of India.
Union of India v. Shri Raj Priy Singh, (Delhi)(DB) : Law Finder Doc Id # 2835439
