UNION OF INDIA AND ORS versus SH. RAJIV YADAV, IAS AND ORS.

Citation: [1994] SUPP. 2 S.C.R. 30 · Decided: 21-07-1994 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
UNION OF INDIA AND ORS 
v. 
SH. RAJIV Y ADA V, !AS A>ID ORS. 
JULY 21, 1994 
B 
[KULDIP SINGH, M.M. PUNCHHI AND K. RAMASWAMY, JJ.) 
Service Law : 
Indian Administrative Service (Cadre Rules), 1954. 
C 
Rules 3 and 5--Cadre a/location-Home states-Reservation for 
scheduled castes/tribes-Valid-No obligation on Government to notify the 
principles of Cadre allocation. 
The respondent, an IAS Officer of the 1989 batch, was allocated to 
the Manlpur and Tripura cadre. He challenged this order before the 
D Central Administrative Tribunal on the ground that the reservation for 
scheduled castes/tribes candidates while allocating them to their borne 
states was violative of Articles 16(4) of the Constitntion of India. The 
tribunal allowed the application of the respondent. Aggrieved by the judg· 
ment of the Tribunal, the appellants preferred the present appeal. 
E 
F 
G 
On behalfOfthe appellants it was contended that there was no obliga· 
tion to notify the principles of cadre allocation. 
Allowing the appeal, this court, 
HELD : 1. When a person Is appointed to an All India Service having 
various State cadres be bas no right to claim allocation to a State of his 
choice or to bis borne State. Rule 5 of the Indian Administrative Service 
(cadre rules) 1954 makes the Central Government the sole authority to 
allocate the members of the service to various cadres. It IS not obligatory 
for the Central Government to notify "the principles of cadre allocation". 
[36·H, 37-A) 
Z. It is common knowledge that the scheduled caste/scheduled tribe 
candidates are normally much below in the merit list and as such are not 
In a position to compete with the general category candidates. The "Roster 
System' ensures equitable treatment to both the general candidates and 
H the reserved· categories. The principles of allocation wherein preference is 
30 
U.0.1. v. R. YADAYIKULD!P SINGH.J.] 
31 
given to a scheduled caste/scheduled tribe candidate for allocation lo his A 
" 
home State, do not provide for reservation of appointments or posts and 
as such the question of testing the said principles on the anvil of Article 
16(4) of the Constitution of India does not arise. 22.5% reserved can-
didates are recruited lo the !AS. Having done so both the categories are 
to be justly distributed amongst the States. The principles of cadre alloca-
B 
tion, thus, ensure equitable distribution of reserved candidates amongst 
all the cadres. [37-F to HJ 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3542 of 
1992 etc. etc. 
From the Judgment and Order dated 19.12.91 of the Central Ad- c 
ministrative Tribunal, New Delhi in O.A. No. 2557 of 1990. 
V.R. Reddy, Additional Solicitor General, Yogeshwar Prasad, N.N. 
Goswamy, Dr. A.M. Singhvi, Harish N. Salve, K. Madhava Reddy, H.S. 
Nigam, Kamleshwar Sahai, Ms. Rachna Gupta, C.V.S. Rao, T.C. Sharma, D 
Hemani Sharma, G.N. Reddy, Ms. Indu Malhotra, Ms. Shirin Jain, A.K. 
Behara, D. Prakash Reddy, Vimal Dave, Ejaj Maqbool and S.M. Garg, for 
the appearing parties. 
The Judgment/Orders of the Court was delivered by 
E 
KULDIP SINGH, J. The Central Government is the authority under 
the Indian Administrative Service (Cadre Rules), 1954 [the Cadre Rules) 
' 
to allocate the members of the Indian Administrative Service (IAS) -
directly recruited - to various State cadres/Joint cadres under the said 
Rules. The Central Government has laid down the broad principles of F 
allocation called "the Roster System". The said system was earlier operating 
from 1966 to 1977. Thereafter till 1984 the allocations were done in 
accordance with the procedure called "The Limited Zonal Preferences 
System". Since 1985 - batch onwards the Central Government has reverted 
back to the "Roster System" with some modifications. Reservation to the 
extent of 15% and 7112% for the scheduled castes and scheduled tribes G 
> 
respectively has been provided in direct recruitment to the IAS. The 
"Roster System" provides that while allocating the scheduled cas-
!es/scheduled tribes candidates to their home States (insiders) vacancies 
shall be reserved for them in various cadres to the extenrReservation-Per-
centage has been provided in direct recruitment to the !AS. This reserva-
tion in the process of allocation was challenged by Rajiv Yadav, respondent H 
32 
SUPREME COURT REPORTS (1994) SUPP. 2 S.C.R. 
A in the appeal herein, before the Central Administrative Tribunal, New 
Delhi (the tribunal). A Full Bench of the tribunal allow

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