VidhiSangh

Supreme Court of India · 22/10/2021

UNION OF INDIA AND ANR versus MS. A. SHAINAMOL, IAS AND ANR

[2021] 11 S.C.R. 396 · 2021 INSC 661

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Summary

The Court upheld the IAS officer’s Himachal Pradesh allocation and rejected directions to allot Kerala or Maharashtra. Under the governing CSE-2006 scheme, an OBC candidate selected without relaxation was treated as a general-merit candidate for cadre allocation. The option to improve service preference did not confer a right to a preferred cadre. Consultation was required with the receiving State, whose consent had been obtained. The applicant could not demand additional Kerala vacancies to secure her home cadre.

Issues

  1. Whether the general-merit OBC candidate could claim a reserved-category vacancy to obtain a preferred State cadre.
  2. Whether cadre allocation required consultation with her home State or additional vacancies based on its cadre deficiency.

Provisions considered

Held

Result

Union’s appeals allowed; High Court and Tribunal orders set aside and the officer’s original application dismissed. Her Himachal Pradesh allocation was not displaced.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 396.