No right to cadre of choice: SC
GS Paper - 2 (Polity)
Successful IAS aspirants have no right to be allocated to a cadre of their choice, the Supreme Court ruled. A bench of Justices Hemant Gupta and V Ramasubramanian said this while setting aside a Kerala High Court order, which asked the Centre to grant Kerala cadre to IAS officer A Shainamol. She had been allotted Himachal Pradesh cadre.
- The top court pointed out that in the 1995 case of Union of India and Ors v. Rajiv Yadav, IAS and Ors, a three-judge bench had laid down that allotment of cadre is not a matter of right.
- The court had said that “a selected candidate had a right to consider the appointment of the IAS but he had no such right to be allocated to cadre of his choice or to his home state. Allocation of cadre was an incidence of service.”
- Allowing the Centre’s appeal challenging the HC decision of 29 February 2017, the bench said Shainamol “as a candidate for All-India Service…has opted to serve anywhere in the country”. It said that “once an applicant gets selected to service, the scramble for home cadre starts”.
- Rejecting arguments that her home state — Kerala — was not consulted before allocating her Himachal cadre, the court said the State has “no discretion of allocation of a cadre at its whims and fancies”, and “therefore, the Tribunal or the High Court should have refrained from interfering with allocation of cadre on the argument of alleged violation of the allocation circular”.