In UPSE CSE 2018 exam my son K.Lalith attained AIR 626 rank. He is a visually challenged candidate having with ST category. He is the only candidate selected in ST Category with Visual impairment. In 2018 CSE he is at 5 th position in visual impairment. 1 st candidate is at rank 457 (OBC) allotted IAS, 2nd candidate at 487rank ( General) allotted IAS , 3 rd candidate at rank 562 (General) allotted IAS, 4 th candidate at rank 608 (General) allotted IRS (C&CE) and my son at rank 626 ( ST) allotted IIS. As per horizontal and vertical reservation the ST with visual impairment candidate should have been allotted IAS since he is the only candidate from ST category. But DoPT has not allotted him with IAS. I want to know Dopt allotment of service is right or wrong. Kindly let me know the service allocation is done by DoPT is as per the directions of Law and Supreme court directions.
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As per supreme court directions the interlocking reservation should be compartmentalized then only the services can be allotted properly to backward classes. Otherwise the backward class candidates will not get justice.
Allotment is made as follows.
Total IAS post say 100 will go to
OC 50, OBC 27, SC 15, ST 8 . 3% PH will be adjusted.
Now Top 50 in GM will be selected for IAS.
Similarly top 27 in OBC, top 15 in SC and top 8 in ST will be selected for IAS, irrespective of their all India rank position.
The top in SC category may have an all India rank below 600. And so on.
You need to challenge the same before concerned court
You r child is at fifth rank under disability category, if he was to be consider under ST category than no merit for him.
You cannot demand dual relaxation in the name disability + reserved category. And rule is No caste-based reservation for handicapped, women.
But in education matters, such dual relaxation has been provided by court.
Dear
For allotment of seat you can take reservation of one category only and not for two categories at one time.
Here you are taking reservation of Visual impairment then you can not avail the benefits of ST category simultaneously
Supreme court is not the policy making authority.
The supreme court will pass orders based on the policies framed by the government in this regard if a case is referred before it.
However you may file a writ petition to clarify your doubts and confirm your son's position as per the policy or rule governing this issue.
As per the law laid down by the Hon’ble Apex Court particularly in (2007) 8 SCC 785, the vertical reservation cannot be sacrificed at all and whenever the percentage reserved for the horizontal reservation is satisfied even while allotting the candidates as per the percentage allotted for vertical reservation then there cannot be any separate reservation/allotment for horizontal reservation. Only in case of non-availability of candidates under horizontal reservation after filling up the vertical reservation candidates, the horizontal reservation candidates can be arranged to the extent of their percentage in the last of the list of the selected http://www.judis.nic.in candidates under each vertical category. To put it clearly, they can be arranged only in the last of the vertical reservation candidates under each category to satisfy their percentage and not in the middle, but in this case in the name of rotation vertical reservation is made meaningless by omitting the candidates scored more marks than the candidates of the horizontal reservation and fitting in the candidates of horizontal reservation candidates even over and above the candidates who scored more marks under vertical reservation. Thus the merit among the reserved candidates is given a go by. The 200 point rotation government order runs repugnant to the proviso to Rule 27 (f) of the Act and thus it is to be declared as unconstitutional and ultravires.
In (2007) 8 SCC 785, the Hon'ble Apex Court has held in the paragraph 9 as follows:-
“9. The second relates to the difference between the nature of vertical reservation and horizontal reservation. Social reservations in favour of SC, ST and OBC under Article 16(4) are “vertical reservations”. Special reservations in favour of physically handicapped, women, etc., under Articles 16(1) or 15(3) are “horizontal reservations”. Where a vertical reservation is made in favour of a Backward Class under Article 16(4), the candidates belonging to such Backward Class, may compete for non-reserved posts and if they are appointed to the non- reserved posts on their own merit, their number will not be counted against the quota reserved for respective Backward Class. Therefore, if the number of SC http://www.judis.nic.in candidates, who by their own merit, get selected to open competition vacancies, equals or even exceeds the percentage of posts reserved for SC candidates, it cannot be said that the reservation quota for SCs has been filled. The entire reservation quota will be intact and available in addition to those selected under open competition category.