UNION OF INDIA versus RAMESH RAM & ORS.

UNION OF INDIA versus RAMESH RAM & ORS.

In view of the fundamental issues raised regarding the constitutionality and application of amended Rule 16 of Civil Services Examination Rules, 2002 concerning reservation and service allocation, an authoritative pronouncement is needed. All SLPs and writ petitions are referred for determination by a Constitution...

Source-derived case information.

Parties
Appellant: Union of India; Respondent: Ramesh Ram & Ors.
Jurisdiction
India
Judgment Date
14 May 2009
Procedural Posture
Special Leave Petition (civil) / Referral to Constitution Bench
Outcome
Matter referred to Constitution Bench
Legal Topics
Reservation, Civil Services, Service Allocation, Merit Vs. Reservation, Reservation Rules, Service Preference
Constitutional Law Administrative Law Reservation Civil Services Service Allocation Merit Vs. Reservation Reservation Rules Service Preference

Source-derived case record

Summary, issues, holding and outcome

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Parties

Union of India

Appellant

Ramesh Ram & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Referral to Constitution Bench

Legal Issues

  1. 1 Whether reserved category candidates (OBC/SC/ST) who were selected on merit and placed in the general/unreserved category could be considered as reserved category candidates at the time of service allocation.
  2. 2 Whether Rule 16(2), 16(3), 16(4), and 16(5) of the Civil Services Examination Rules are inconsistent with Rule 16(1) and violative of Articles 14, 16(4), and 335 of the Constitution of India.
  3. 3 Applicability of judicial precedents relating to reservation in education to reservation in civil services.

Ratio Decidendi

In view of the fundamental issues raised regarding the constitutionality and application of amended Rule 16 of Civil Services Examination Rules, 2002 concerning reservation and service allocation, an authoritative pronouncement is needed. All SLPs and writ petitions are referred for determination by a Constitution Bench.

Court Disposition

Matter referred to Constitution Bench

Orders

  • All SLPs and writ petitions are referred to a Constitution Bench for authoritative pronouncement.