UPSC results to be declared, not to give Jats reserved quota benefit

New Delhi April 7, 2015 – The results of the Union Public Services Commission (UPSC) competitive examinations could be out in the next three or four days, following a letter from the Department of Personnel and Training (DoPT) to the body. Now, UPSC is free to decide the further course of action within the parameters of the order of the Supreme Court. Those who have appeared in the examination from the reserved quota will be treated as being from the general quota, even though the government has pressed the court for a review of its decision.

UPSC results were delayed following the Supreme Court order Jats should not be given reservation under the Other Backward Classes (OBC) quota. “We set aside the notification to implement Jats in the Central list of OBC,” the court said in its order on March 17, adding, “Caste, though a prominent factor, can’t be the sole factor to decide backwardness… Backwardness has to be social backwardness and not educational or economic backwardness.”

The civil services results had been kept in abeyance because it was not clear if the government was going to seek review of the order. With the DoPT writing to the UPSC, the decks have been cleared for the results to be declared independent of the review process.

On April 5, the government did ask the Supreme Court to review its order. It said it had the powers under the Constitution to include Jats in the Central list of OBC.

In its review petition, the National Democratic Alliance government, which strongly supported the erstwhile United Progressive Alliance regime on the issue, also submitted that the apex court “committed an error” in holding that the National Commission for Backward Classes’ (NCBC) opinion would be binding on it.

“The power to make provisions for reservation flows from Article 16(4) of the Constitution of India. This power is not dependent upon the advice of NCBC.”

“The Union of India, notwithstanding the provisions of the NCBC Act, possesses/retains this power to add or subtract from the central list of other backward classes,” the review plea, settled by Additional Solicitor General Maninder Singh, said.

Although the process of review could take time, the government has told UPSC to declare the civil services result without delaying it any further.