New Delhi, Aug 19 - Dalit and backward category students competing in the civil services exams on merit should be allowed to avail quota benefits to secure higher services and better cadres, the central government said in the Supreme Court Wednesday, opposing the Madras High Court's March 2008 ruling, which had held to the contrary.
Appearing for the government before a five-judge constitution bench headed by Chief Justice K.G. Balakrishnan, Solicitor General Gopal Subramanian contended that the high court's act of scrapping the Civil Services Rule 16(2) governing the service and cadre allocation to successful Dalit and backward category candidates was illegal and unconstitutional.
Subramanian told the court that it was the Rule 16(2), which allowed the Dalit and the backward category candidates, competing the civil services exams on merit, to avail the quota benefits at a later stage during the allocation of cadre and service and secure better service and cadres.
The law officer sought to impress upon the constitution bench that a person having a ladder cannot be prevented from using it to ascend the second floor of a building simply because he was able to climb up to the first floor without using it.
He contended that Rule 16(2) on service and cadre allocation was in strict conformity with Article 335 of the Constitution, which sought to strike a balance between the government's affirmative actions for the deprived and underprivileged sections of society and the need of merit and efficiency in the administration.
He said that if a Dalit or backward category candidate, qualifying for the civil services on merit, is not given the benefit of reservation in allocation of services and cadre, it would result in an anomaly.