Supreme Court deprecates Centre for relying on private books instead of official publications

The Supreme Court has deprecated the Central government for relying on private books instead of official publications “for the purpose of defeating the rights of citizens”..A Bench of Justices SA Bobde and L Nageswara Rao made strong observations against the practice in a petition relating to reservation for Other Backward Classes (OBCs)..By way of background, the Respondents who belong to Saini, Momin (Ansar), Gujjar and Kahar communities had applied for appointment to the post of Constable G.D. in Central Reserve Police Force reserved for OBCs..They qualified in the written examination and appeared before a medical board for medical examination. Their names were not included in the final list that was prepared for appointment. On enquiry, they found that their names were shifted to the general category from the OBC category on the ground that the castes to which they belong did not find place in the OBCs List for the Central Government services for Uttarakhand State as per “Swamy’s Compilation on Reservations and Concessions” book. They could not be appointed on the basis of the marks they obtained in the general category..The respondents challenged the same in Uttarakhand High Court and it was allowed by a single judge. The Appeals filed by the Union of India were dismissed by a Division Bench resulting in appeal to the Supreme Court..The Supreme Court in its judgment proceeded to trace the history the reservation which was in dispute..It was pursuant to the judgment of the Supreme court in Indra Sawhney’s case that the Government of India had decided to implement reservation of 27 per cent in civil posts and services in favour of OBCs. On the recommendations made by an Expert Committee, a Central List of OBCs was prepared for each State. The Central List of OBCs prepared for the State of Uttar Pradesh included the castes of the Respondents..The State of Uttarakhand was created in the year 2000. In the judgment of Deepak Kumar, a reference was made to a letter dated 28th July, 2011 issued by the National Commission for Backward Classes. It was stated in the said letter that the Central List for OBCs for the State of Uttarakhand was under process and that till it was finalized, the List for Uttar Pradesh will be applicable for appointment to Central posts in the State of Uttarakhand..The National Commission for Backward Classes filed a counter affidavit in Supreme Court supporting the Respondents. The Commission stated in the affidavit that the List of OBCs for the State of Uttar Pradesh will enure to the benefit of those residing in Uttarakhand for appointment to services under the Union of India till the Central List of OBCs for Uttarakhand is finalized. It was further stated that by a Resolution dated 8th December, 2011, the Central Government notified the Central List of OBCs for the State of Uttarakhand which consisted of 84 castes..Placing reliance on the said affidavit, the Court held,.“It is clear from the affidavit filed by the National Commission for Backward Classes that a decision was taken in 2010 to apply the Central List prepared for the State of Uttar Pradesh to the State of Uttarakhand till the List of OBCs for Uttarakhand was finalized. The List was finalized in 2011. There cannot be any doubt that the Respondents belong to the castes which were included in the Central List of OBCs for the State of Uttar Pradesh and were entitled to be considered for the posts reserved for OBCs in the advertisement that was issued on 24th July, 2010.”.The Court then proceeded to rebuke the practice of relying on private books for deciding whether the respondents can avail the benefit of reservation..“Before concluding, it is necessary to mention that the Respondents were deprived of their consideration to the posts reserved for OBCs only on the ground that the castes to which they belong did not find a place in “Swamy’s Compilation on Reservations and Concessions” book. This practice of relying upon private books for the purpose of defeating the rights of citizens is deprecated. The Union of India ought to have referred to the Resolutions of the National Commission for Backward Classes and the Central List that were prepared by the Government of India from the official publications.”.Read the judgment below.