Supreme Court Upholds Union of India’s Decision on IAS Cadre Allocation
The Supreme Court of India recently delivered an important judgment in the case of Union of India & Anr. vs. A. Shainamol, IAS & Anr., concerning the allocation of an IAS officer to a particular cadre. The Court set aside the decision of the Kerala High Court, which had directed the Union of India to allocate the respondent to the Kerala cadre of the All India Services.
Background of the Case
The case pertained to the cadre allocation of Ms. A. Shainamol, an IAS officer who had been selected through the Civil Services Examination-2006. The respondent belonged to the Other Backward Class (OBC) and was a native of Kerala. Despite securing a high rank in the merit list, she was allotted the Himachal Pradesh cadre instead of her home state, Kerala.
Aggrieved by this allocation, she challenged the decision before the Central Administrative Tribunal (CAT), which ruled in her favor and directed the Union to allocate her to the Maharashtra cadre based on her merit. However, the Kerala High Court later modified the decision and directed the Union to allocate her to the Kerala cadre.
Petitioner’s Arguments (Union of India)
The Union of India challenged the Kerala High Court’s order, arguing that:
- The allocation of cadres was carried out strictly as per the Indian Administrative Service (Cadre) Rules, 1954 and the policy guidelines governing cadre allocation.
- Cadre allocation is an administrative decision that balances vacancies across all states in a fair manner.
- Ms. A. Shainamol had not availed any concessions meant for OBC candidates and was selected in the general category. As per the rules, candidates selected on general merit cannot claim reserved category benefits for cadre allocation.
- The consultation required under Rule 5(1) of the IAS Cadre Rules was conducted with Himachal Pradesh, the cadre to which she was allocated. There was no requirement to consult the Kerala government.
- The High Court erred in interfering with the cadre allocation process, which had been followed in accordance with established policies.
Respondent’s Arguments (A. Shainamol)
The respondent contended that:
- She was a Kerala-native OBC candidate and should have been allocated to Kerala under the insider-outsider policy.
- Her merit was higher than another OBC candidate, Sachindra Pratap Singh, who was allocated to Maharashtra. Therefore, she should have been given preference.
- The Kerala government had requested additional officers, and the High Court correctly considered this while directing her allocation to Kerala.
- Since she was entitled to OBC reservation, she should have been placed in Kerala’s reserved category vacancy.
Supreme Court’s Analysis
The Supreme Court examined three key issues:
1. Was There a Violation of the Cadre Allocation Policy?
The Court ruled that the cadre allocation policy had been followed correctly. It noted that Ms. A. Shainamol had been selected as a general merit candidate and, therefore, could not claim an OBC reservation for cadre allocation.
The Court stated:
“The applicant, though belonging to OBC, was selected on general merit without availing any relaxation. As per Rule 7(3) of the IAS (Recruitment) Rules, such a candidate must be treated as a general category candidate for cadre allocation.”
2. Did the High Court Misinterpret Rule 5(1) of the IAS Cadre Rules?
The Supreme Court held that Rule 5(1) requires consultation only with the state to which a candidate is allocated. In this case, the consultation was done with Himachal Pradesh, and there was no obligation to consult Kerala.
The judgment stated:
“The High Court has completely misread the statutory rules and the policy of allocation of cadre.”
3. Could Courts Interfere with Cadre Allocation Decisions?
The Court reiterated that cadre allocation is an administrative decision that must be left to the executive unless there is clear evidence of arbitrariness or mala fide intent. It observed that the Kerala High Court had exceeded its jurisdiction by ordering a specific cadre allocation.
The ruling emphasized:
“A selected candidate has a right to be considered for appointment to the IAS but has no such right to be allocated to a cadre of their choice or to their home state.”
Judgment and Conclusion
The Supreme Court allowed the appeal and set aside the Kerala High Court’s order. It ruled that:
- Cadre allocation policies were followed correctly, and there was no violation of any legal provision.
- Ms. A. Shainamol was selected on general merit and could not claim OBC quota benefits in cadre allocation.
- The High Court erred in directing her allocation to Kerala without considering the established rules.
- Cadre allocation is an executive function, and judicial intervention should be limited to cases of clear legal violations.
The judgment reaffirmed the principle that the allocation of civil servants to state cadres is a policy-driven process that courts should not interfere with unless there is evidence of a violation of the rules.
Judges: The judgment was delivered by Hemant Gupta and V. Ramasubramanian.
Petition Result: Allowed
Petitioner Name: Union of India & Anr..Respondent Name: Ms. A. Shainamol, IAS & Anr..Judgment By: Justice Hemant Gupta, Justice V. Ramasubramanian.Place Of Incident: Kerala.Judgment Date: 22-10-2021.
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