UNION OF INDIA AND ORSversusSH. RAJIV YADAV, IAS AND ORS.

A                       UNION OF INDIA AND ORS
                                   v.
                     SH. RAJIV YADA 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
           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
F   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".
G                                                                 [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
        allocation called "the Roster System". The said system was earlier operating F
        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 allowed the application
    of Rajiv Yadav and held that no reservation can be provided for thr.
    scheduled castes/scheduled tribes while allocating the members of !AS to
    various cadres. This appeal, by the Union of India is against the judgment
    of the tnounal.
B
          Rajiv Yadav appeared in the civil services examination held in 1988.
    He belongs to the Union Terdory of Delhi, and had opted for the "Union
    Territories' cadre. He was selected for appointment to th•: !AS and in the
    order of merit he was placed at serial number 16. By the order dated
C   September 28, 1989 he was allocated· to the Manipur and Tripura cadre.
    His representation for change of cadre from Manipur-Tripura to "Union
    Territories' having been rejected by the Central Government, he chal-
    lenged the order allocating him to the Manipur-Tripura cadre before the
    1nouna1.

D         Rules 3 & 5 of the Cadre Rules, which are relevant, are as under :-

              '3. Constitution of Cadres-3(1). There shall be constituted for each
              State or group of States an Indian Administrative Service Cadre.
              3(2). The cadre so constituted for a State or a group of State is
E           ' hereinafter referred to as a 'State Cadre' or, as the case may a,
              'Joint Cadre'.

             5. Allocation of members to various cadres-5(1) The allocation of
             cadre officers to the various cadres shall be made by the Central
F            Government in consultation with the State Government or the
            'State Governments concerned.
             5(2) The Central Government may, with the concurrence of the
             State Governments concerned transfer a cadre officer from one
             cadre to another cadre.'

G There is no material on the record to show that the principles of allocation       ~
    as provided in the "Roster System" have ever been notified by the Central
    Government. A demi-official letter date.d May 31, 1985 from Secretary
    Government of India, Ministry of Personnel and addressed to Secretary,
    Department of Forest & Wild Life has, however, been placed on the record
H   which is in the following terms :-
         U.0.1. v. R. YADAV[KULDIPSINGH,J.]                     33

"As you are aware, the allocation of the direct recruits to the All A
India Services, including the Indian Forest Service is being made
in accordance with the 'Limited Zonal Preferences System' from
1978 examinations and onwards. In this system all the cadres/joint
cadres were divided into zones and the candidates were given the
opportunity to indicate their preferences zone-wise and also for B
two cadres in each zone. The allocation was being made keeping
in view the rank and preferences of the candidates subject to
allocation of vacancies in each cadre between 'insiders' and
'outsiders'.

    Our experience has shown that the limited zonal preferences C
system of allocation suffers from a number of deficiencies. Under
this system there is only very limited movement of candidates from
one part of the country to another across several States and even
this limited inter-regional movement of candidates takes place only
in respect of a few low ranking candidates. Another draw back of
the system is that 'outsiders' getting allocated to a State are mostly D
from a neighbouring State.

    Keeping in view the deficiency that is noticed in the working
of the limited zonal preferences system it has been decided with
the approval of the Prime Minister that from 1935- batch onwards     E
{1984 examination candidates) we should revert back to the roster
system which was the system of allocation from 1966 to 1977
examination with certain modifications. The broad principles of
allocation on the basis of roster system would be as follows :-

    {1) The vacancies in every cadre will be earmarked for            F
'outsiders' and 'insiders' in the ratio of 2:1. In order to avoid
problems relating to fractions and to ensure that this ratio is
maintained, over a period of time, if not during every allocation,
the break-up of vacancies in a cadre between 'outsiders' and
'insiders' will be calculated following the cycle of 'outsider',     G
'insider', outsider'.

    {2) The vacancies for Scheduled Castes and Scheduled Tribes
will be reserved in the various cadres according to the prescribed
percentage. For purpose of this reservation, Scheduled Castes and
Scheduled Tribes will be grouped together and the percentages H
    34                 SUPREME COURT REPORTS [1994] SUPP. 2 S.C.R.

A        will be added. Distribution of reserved vacancies in each cadre
         between 'outsiders' and 'insiders' will be done in the ratio of 2:1.
         This ratio will be operationalised by following a cycle 'outsider',
         'insider', 'outsider' as is done in the case of general candidates.
         I ,

         ' · (3) Allocation of 'insiders', both men and women, will be strictly
B        according to their ranks, subject to their willingness to be allocated
         to their home States.

             (4) Allocation of 'outsiders' whether they are general can-
         didates or reserved candidates, whether they are men or women,
         will be according to the roster system after placing 'insiders' at
c        their proper places on the chart as explained below :

           · (i) All the State Cadres/Joint Cadres should be arranged in
          alphabetical order and divided into four groups which, on the basis
          of the average over a period of time, are taking roughly equal
D        'number of candidates each. On the basis of average intake during
          the last 4 years, the groups could be as follows :

         Group I :      Andhra Pradesh, Assam-Meghalaya, Bihar and
                        Gujarat.

E        Group II :     Haryana, Hirn acha! pradesh, J ammu & Kashmir,
                        Karnataka, Kerala and Madhya Pradesh.

         ·Group III : Maharashtra, Manipur, Tripura, Nagaland, Orissa,
                      Punjab, Rajasthan and Sikkim.

F        Group IV : Tamil Nadu, Union Territories Uttar Pradesh and
                    West Bengal

             (ii) Since the number of. cadres/Joint Cadres is 21, the C)'.cles
         will be 1-21, 22-42, 43-63 and so on.
G              (iii) The 'insider' quota should then be distributed among the
          States and assigned to different cycles of allotment. For example,
          if a State gets 4 'insider' candidates, they should go to the share
           of the State in their respective cycles and if there are 2 'insiders'
         · candidates from the same cycle, they should be treated as going
H          to the State in two successive cycles and so on.
        U.0.1. v. R. YADAV[KULDIPSINGH,J.]                      35

    (iv) The 'outsider' candidates should be arranged in order of A
merit and allotted to the State cadres in cycles as described in (v)
below.
                                                  •
   (v) In the first cycle, State Cadre/Joint Cadres which have not
received 'insider' candidates should be given one candidate each      B
in order of merit of 'outsider' candidates. The process should be
repeated in successive cycles, each successive cycle beginning with
the nei<t successive group of States, e.g., the second cycle should
begin from Group II States, the third cycle with Group IIJ States
and the fourth cycle with Group IV States and the fifth cycle again
with Group I States. Occasionally it may happen that a candidate's    C
turn may come in such a way that he may get allocated to his own
home State. When that happens, the candidate next below him
should be exchanged with him.

   (vi) For the succeeding year, the State cadres should be ar- D
ranged again in alphabetical order but with Group I of the previous
year at the bottom, i.e., the arrangement will begin with Group II
on top. In the third year, Group III will come on top and so on.

    (vii) In the case of candidates belonging to the reserved
category, such of those candidates, whose position in the merit list E
is such that they could have been appointed to the service even in
the absence of any reservation, will be treated on per with general
candidates for purposes of allotment though they will be counted
against reserved vacancies. In respect of other candidates belong-
ing to the reserved category a procedure similar to the one adopted F
for general candidates would be adopted. In other words, a
separate chart should be prepared with similar grouping of States
and similar operational details should be followed. If there is a
shortfall in general 'insiders' quota it could however be made up
by 'insider' reserved candidates.
                                                                      G
    Since the Prince Minister has already approved the roster
system of allocation as indicated above, I would request you to
ensure that this system of allocation is followed while allocating
the candidates appointed to the Indian Forest Service on the result
of the Indian Forest Service Examination, 1984 and onwards."        H
    36                     SUPREME COURT REPORTS [1994] StlPP. 2 S.C.R.

A   The reasons for not notifying the principles of cadre allocation, as given by
    the Union of India in the special leave petition are as under :-

             "In this connection, it is submitted that the provision made for SC
             and ST in cadre allocation in clause (2) of D.O. letter dated
             31.5.1985 (Annexure P.1) was not something new introduced in
B            1985. The principles of cadre allocation in force prior to 1985 did
             contain special provision applicable to SC and ST candidates. Prior
             to 1985, no communication was issued laying down the principles
             of cadre allocation because the cadre allocation of all the three
             All India Services namely, !AS, IPS and IFS used to he made by
             the petitioner No. 1 Ministry of Personnel, Public Grievances and
c           .Pensions. Since work relating to the Indian Forest Service includ-
             ing cadre allocation was transferred to the department of forests
             and wildlife, it was necessar~ to communicate to that Department
             the modification made in 1985 in the principles of cadre alloca-
             tion."
D
           The Tribunal came to the conclusion that the letter dated May 31,
    1985 (quoted above) was only an inter-departmental communication and
    there being no other notification/order/circular issued by the Central
    Government notifying the principles of allocation as a policy -decision, the
    said letter could not be taken to be an executive order of the Government
E   laying down the so-called "Roster System" providing for the principles of
    allocation. It was, therefore, held by the tribunal that the contents of the
    letter dated May 31, 1985 did not have any legal sanction to be considered
    as "established policy guidelines in the matter".. It was held that Clause (2)
    of the said letter gave an benefit to the !AS probationers belonging to
    scheduled castes and scheduled tribes which was no1 permissible under
F   Article 16(4) of the Constitution of India.

          We have given our thoughtful consideration to the reasoning and the
    conclusions reached by the tribunal. We are not inclined to agree with the
    same. Rule 5 of the Cadre Rules provides that the allocation of the members
G   of the !AS to various cadres shall be made by the Central Government in
    consultation with the State Government or the State Governments con-
    cerned. Sub-rule (2) of Rule 5 further provides that a cadre officer can be
    transferred from one cadre to another. When a person is appointed to an All
    India Servic~, having various State Cadres, he has no right to claim allocation
    to a State of his choice or to his home State. The Central Government is
H   under no legal obligation to have options or even preferences from the of-
                  U.0.1. v. R. YADAV [KULDIP SINGH.J.[                       37

ficer concerned. Rule 5 of the Cadre Rules makes the Central Government            A
the sole authority to allocate the members of the service to various cadres. It
is not obligatory for the Ceotral Government to frame rules/regulations or
otherwise notify "the principles of allocation" adopted by the Government as
a policy. The letter dated May 31, 1985 shows that the Central Government
has alway.s been having guide-lines either in the shape of "limited zonal
preferences system" or "Roster System" for the exercise of its discretion          B
under Rule 5 of the Cadre Rules. Simply because the principles of allocation
called "Roster System" were not notified, it is no ground to hold that the same
are non-est and the Central Government cannot follow the same. In any case
the "Roster System" has stood the test of time. It was operative during the
years 1966 to 1977 and again it is being followed from 1985-batch onwards.
The fact that the "Roster System" is being followed in practice by the Central
                                                                                   c
Government for all these years, is in itself a sufficient publication of its
principles.

       We may examine the question from another angle. A selectea can-
 didate has a right to be considered for appointment to the !AS but he has no      D
 such right to be allocated to a cadre of his choice or to his home-Stale.
Allotment of cadre is an incidence of service. A member of an All India
Service bears liability to serve in any part of India. The principles of alloca-
tion as contained in Clause 2 of the letter dated May 31, 1985, wherein
preference is given to a scheduled caste/scheduled tribe candidate for alloca-
tion to his home State, do not provide for reservation of appointments or
                                                                                   E
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. 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             F
treatment to both the general candidates and the reserved categories. In
compliance with the statutory requirement and in terms of Article 16{4) of
the Constitution of India 22Vz% reserved category candidates are recruited
to the !AS. Having done so both the categories are to be justly distributed
amongst the States. But for the "Roster System" it would be difficult rather
impossible for the scheduled castes/scheduled tribes candidates to be allo-        G
cated to their home States. The principles of cadre allocation, thus, ensure
equitable distribution of reserved candidates amongst all the cadres.


      We, therefore, allow the appeal, set aside the judgment of the tribunal
and dismiss the application filed by Rajiv Yadav before the tribunal.              H
    38                    SUPREME COURT REPORTS [1994) SUPP. 2 S.C.R.

A          Rajiv Yadav is !AS officer of 1989 batch. Although he was allocated
    to the Manipur-Tripura cadre, as a result of the orders of this Court, he is
    serving in the Union Territory cadre. He has also undergone district
    training in the Union Territory cadre in 'Hindi' language. In view of these
    facts, despite our reversing the Tribunal's judgment, we direct that Rajiv
    Yadav shall be treated to be allocated to the Union Territories cadre. This
B   will, however, not debar the Central Government from transferring Rajiv
    Yadav from one cadre to another in terms of Rule 5(2) of the Cadre Rules
    on the justifiable ground arising after this judgment.

          CIVIL APPEAL No. 2184 OF 1993.

c         We have today pronounced judgment in Union of India & Ors. v.
    Rajiv Yadav, IAS & Ors. Civil Appeal No. 3542/92. The appeal has been
    allowed, the impugned judgment of the Central Administrative Tribunal
    has been set aside and the principles of "cadre allocation" for reserved
    candidates have been upheld.
D         In view of our judgment in Rajiv Yadav's case this appeal by the
    Union of India has to be allowed. For the reasons given and the conclusions
    n:ache<l by us in Rajiv Yadav's case, we allow this appeal, set aside the
    impugned judgment of the tribunal dated October 1, 1992 and dismiss the
    applicati9n filed by Anil Kumar before the tribunal.
E         Anil Kumar is an JPS officer of 1989 batch. Although he was allocated
    to Assam-Meghalaya cadre, but as a result of the interim orders of the
    Central Administrative Tribunal he is serving in the Uttar Pradesh cadre. He
    has also undergone district training in Uttar Pradesh in Hindi language. In
    the facts and circumstances of this case, despite our reversing the tribunal's.
F   judgment, we direct that Anil Kumar shall continue to be allocated to the
    Uttar Pradesh Cadre. This will, however, not debar the Central Government
    from trarisferring Anil Kumar from one cadre to another in terms of Rule
    5(2) of the Cadre Rules on any justifiable grounds arising after this judgment.
    The appeal is allowed in the above terms. No costs.
             '
G         CIVIL APPEAL No. 3870 OF 1993.

          We have today pronounced judgment in Union of India & Ors. v.'
    Rajiv Yadav, IAS & Ors., Civil Appeal No. 3542/92. The appeal has been
    allowed, the impugned judgment of the Central Administrative Tribunal
    has been set aside and the principles of "cadre allocation" for reserved
H   candidates have been upheld.
                 U.O.l. '" R. YADAV[KULDIPSINGH,J.]                     39

      In \'iew of our judgment in Rajiv Yadav's case this appeal by the       A
Union of India has to be allowed. For the reasons given and the conch;sions
reached by us in Rajir Yadav's case, we allow this appeal, .set aside the
impugned judgment of the tribunal dated November 27, 1992 and dismiss
the application filed by Vinay Kumar before the tribunal. No costs.

      CWIL APPEAL No. 5017 OF 1994.                                           B
      Special leave granted.

      We have today pronounced judgment in Union of India & Ors. v.
Rajiv Yadav, !AS & Ors., Civil Appeal No. 3542/92. The appeal has been
allowed, the impugned judgment of the Central Administrative Tribunal         C
has been set aside and the principles of "cadre allocation" for reserved
candidates have been upheld.

       Jn view of our judgment in Rajiv Yadav's case this appeal by the
Union of India has to be allowed. For the reasons given and the conclusions
reached by us in Rajiv Yadav's case, we allow this appeal, set aside the      D
order of the Tribunal dated February 23, 1993 and dismiss the application
filed by Sanjay Kumar before the Tribunal. No costs.

      CWIL APPEAL No. 5014 OF 1994.

      Special leave granted.                                                  E

      We have today pronounced udgment in Union of India & Ors. v. Rajiv
Yadav, !AS & Ors., Civil Appeal No. 3542/92. The appeal has been allowed,
the impugned judgment of the Central Administrative Tribunal has been
set aside and the principles of "cadre allocation" for reserved candidates
have been upheld.                                                             F
      In view of our judgment in Rajiv Yadav's case this appeal by the
Union of India has to be allowed. For the reasons given and the conclusions
reached by us in Rajiv Yadav's case, we allow this appeal, set aside the
impugned judgment of the tribunal dated December 11, 1992 and dismiss
the application filed by Savita Vikas Handa before the tribunal. No costs.    G
      CWIL APPEAL No. 5015 OF 1994.

      Special leave granted.

     We. have today pronounced judgment in Union of India & Ors. v. H
    40                   SUPREME COURT REPORTS (1994] SUPP. 2 S.C.R.

A Rajiv Yadav, !AS & Ors., Civil Appeal No. 3542/92. The appeal has been
    allowed, the impugned judgment of the Central Administrative Tribunal
    has been set aside and the principles of "cadre allocation" for reserved
    candidates have been upheld.

          In view of our judgment in Rajiv Yadav's case this appeal by the
B Union of Jodi.a has to be allowed. For the reasons given and the conclusions
    reached by us'in Rajiv Yadav'.1 case, we allow this appeal, set aside the
    impugned judgment of the tribunal dated December 10, 1992 and dismiss
    the appliction filed by Shankar Jiwal before the tribunal. No. costs.


c         CIVIL APPEAL No. 5016 OF 1994.

          Special leave granted.

          We have today pronounced judgment in Union of India & Ors. v.
    Rajiv Yadav, IAS & Ors., Civil Appeal No. 3542/92. The appeal has been
D allowed, the impugned judgment of )he Central Administrative Tribunal
    has been set aside and the principles of "cadre allocation" for reserved
    candidates have been upheld.

          In view of our judgment in Rajiv Yadav's case this appeal by the
E Union of India has to be allowed. For the reasons given and the conclusions
    reached by us in Rajiv Yadav's case, we allow this appeal, set aside the
    impugned judgment of the tribunal dated November 13, 1992 and dismiss
    the application filed by T. Vanudhar Reddy before the tribunal. No costs.

          CIVIL APPEAL No. 3543 OF 1992.
F
          We have ·today pronounced judgment in Union of India & Ors. v.
    Rajiv Yadav, IAS & Ors., Civil Appeal No. 3542/92. The appeal has been
    allowed, the impugned judgment of the C~ntral Administrative Tribunal
    has been set aside and the principles of "cadre allocation" for reserved
G   candidates have been upheld.

          In view of our judgment in Rajiv Yadav's case this appeal by the
    Union of India has to be allowed. For the reasons given and the conclusions
    reached by us in Rajiv Yadav's case, we allow this appeal, set aside the
    impugned judgment of the tribunal dated April 28, 1992 and dismiss the
H   application filed by Ms. Anju Gupta before the tribunal.
                     U.0.1. v. R. YADAV [KULDIP SINGH,J.]

           Anju Gupta is an !PS officer of 1990 batch. Although she was A
    allocated to Himachal Pradesh cadre, as a result of the interim orders of

-   the Central Administrative Tribunal she is serving in the Uttar Pradesh
    cadre. She has also undergone training in U ttar Pradesh in the Hindi
    language. In the facts and circumstances of this case, despite our reversing
    the tribunal's judgment, we direct that Anju Gupta shall continue to be B
    allocated to the Uttar Pradesh Cadre. This will, however, not debar the
    Central Government from transferring Anju Gupta from one cadre to
    another in terms of Rule 5(2) of the Cadre Rules on any justifiable ground
    arising after this judgment. The appeal is allowed in the above terms. No
    costs.
                                                                                 c
         WRIT PETITION (C) No. 398/1992.

          We have today pronounced judgment in Union of India & Ors. v.
    Rajiv Yadav, !AS & Ors., Civil Appeal No. 3542/92. The appeal has been
    allowed, the impugned judgment of the Central Administrative Tribunal        D
    has been set aside and the principles of "cadre allocation" for reserved
    candidates have been upheld.

          This writ petition has been filed by Supriya Sahu who is a scheduled
    caste candidate. In the counter affdavit filed on behalf of Union of India
    by Mr. V.K. Cherian, Under Secretary, Department of Personnel and            E
    Training, it has been stated as under :-

            "However, in this Writ Petition Kumari Supriya Sahu has claimed
            allotment to U.P. Cadre, her home State. Even if the provision
            made in the principles of cadre allocation for reserved candidates   F
            is upheld by the Supreme Court that will not automatically entitle
            Kumari Supriya Sahu for allotment to U.P. cadre. This is because
            there is already a candidate belonging to reserved candidate above
            her in the merit list hailing from U.P., whose appointment is
            pending."
                                                                                 G
          In view of the stand taken by the Union of India no relief can be
    given to the petitioner by this Court. We, however, direct the Union of
    India to consider the case of the petitioner in accordance with the prin-
    ciples of cadre allocation for reserved candidates as upheld by this Court
    in Rajiv Yadav's case. The writ petition is disposed of. No costs.         H
    42                      SUPREME COURT REPORTS [1994] SUPP. 2 S.C.R.

A            CIVIL APPEAL No. 5018 OF 1994.

             Special leave granted.

          We have today pronounced judgment in Union of India & Ors. v.
    Rajiv Yadav, IAS & Ors., Civil Appeal No. 3542/92. The appeal has been
B   allowed, the impugned judgment of the Central Administrative Tribunal
    has been set aside and the principles of "cadre allocation" for reserved
    candidates have been upheld.

          In view of our judgment in Rajiv Yadav's case this appeal by the
    Union of India has to be allowed. For the reasons given and the conclusions
c   reached by us in Rajiv Yadav's case, we allow this appeal, set aside the
    impugned judgment of the Tribunal dated January 8, 1993 and dismiss the
    application filed by Alka Bhargava .before the Tribunal. No costs.

    v.s.s.                                                    Appeal allowed.