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LEGAL ARTICLE

“The Systematic Dismantling of Reservation in UPPCS Examinations Post-2022: A Constitutional Critique of Overlapping Elimination and Representation Distortion”

By Advocate Amaresh Yadav

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Abstract

This article examines a deeply structural and legally questionable transformation in the Uttar Pradesh Public Service Commission (UPPSC) recruitment process since 2022. The Commission’s deliberate abandonment of the overlapping principle (migration of reserved-category candidates into the General category on merit) has led to a silent but severe erosion of constitutionally protected representation for OBC, SC, and ST communities.
Through empirical cut-off analysis and constitutional scrutiny, this paper argues that the present system manufactures an illusion of merit while operationalizing exclusion, thereby violating Articles 14, 16(1), 16(4), and 335 of the Indian Constitution.

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1. Introduction: When Reform Becomes Regression

Reservation in India is not a charity; it is a structural correction designed to ensure representation, equal opportunity, and substantive equality.

Yet, the UPPCS examinations post-2022 reveal a startling reversal.
Instead of strengthening representation, the Commission has institutionalized procedures that effectively lock 90% of the population into 40% opportunity, while enabling 10–15% of the socio-economically dominant population to capture nearly 90% of merit positions.

This is not administrative inefficiency —
this is systemic exclusion executed through procedural design.

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2. The Constitutional Purpose of Overlapping — and How UPPSC Has Undone It

The principle of overlapping (migration) provides that:

“If a reserved-category candidate secures marks above the General cut-off,
he/she is counted against the General category and not against the reserved quota.”

This doctrine ensures two vital outcomes:

1. General seats remain truly ‘open to all’
2. Reserved seats remain available for those needing affirmative support

By removing overlapping, UPPSC has flipped the system:

• Reserved-category candidates are forcibly confined to reserved seats
• General seats are rendered de facto reserved for socially dominant castes

This is a functional inversion of the reservation policy envisaged by the Supreme Court in Indra Sawhney, M. Nagaraj, and Jarnail Singh.

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3. The Statistical Evidence: When Cut-offs Reveal the Conspiracy

UPPCS Pre 2022 Cut-off

GEN – 111
OBC – 114
EWS – 114

UPPCS Pre 2023 Cut-off

GEN – 125
OBC – 128
EWS – 129

Observation:
Reserved categories scoring above the General category in prelims is not normal — it is the unmistakable footprint of a system where:

• Reserved candidates do not migrate to GEN seats
• GEN cut-off remains artificially depressed
• Reserved-category cut-off is artificially inflated to confine them to their quota

This is not merit.
This is manipulation.

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4. Violation of the 15x Rule: UPPSC’s Own Notification Breached

On 21 October 2021, UPPSC notified that:

“Candidates up to 15 times the number of vacancies shall qualify the preliminary examination.”

However, in UPPCS Pre 2025:

• Vacancies: 920
• Qualified candidates: 11,727 (≈ 12 times)

This shortlisting distortion has two consequences:

1. Fewer candidates → easier control of category composition
2. Reduced entry of OBC/SC/ST applicants → reduced representation at later stages

This breach of the Commission’s own rule is compelling evidence that the selection architecture is being deliberately redesigned.

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5. The Menace of Non-Overlapping in Mains and Interview

Assuming 100 seats:

Constitutionally mandated distribution:

• GEN – 40
• OBC – 27
• EWS – 10
• SC – 21
• ST – 2

But due to non-overlapping:

• GEN candidates qualifying Mains → 600
• OBC → 405
• SC → 315
• ST → 30

This reveals the central fraud:

Reserved-category candidates are barred from entering General seats,
thereby converting General seats into socio-caste-exclusive slots.

Now the interview stage (3× candidates):

• GEN → 120
• OBC → 81
• SC → 63
• ST → 6
• EWS → 30

Thus, among 300 interviewees:

• 150 upper-caste candidates (GEN + EWS)
• 150 total OBC + SC + ST

A complete demographic inversion —
10–15% capturing 50% interview representation.

This violates the equality doctrine laid down in Indra Sawhney and State of Kerala v. N.M. Thomas.

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6. Final Selection: How the System Predetermines Outcomes

For 40 GEN seats:

Candidates competing:

• 140 upper-caste candidates (GEN + EWS)
• Only 100 OBC/SC/ST candidates

Statistically inevitable result:

• At least 28 out of 40 GEN seats go to upper castes
• Add 10 EWS seats → 38 upper-caste selections

Thus:

• 38 seats for 10–15% population
• 62 seats for 85–90% population

This is not equal opportunity.
This is engineered inequality.

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7. Constitutional Breaches: A Legal Assessment

The UPPSC model violates:

Article 14 — Equality Before Law

Arbitrary elimination of overlapping creates hostile discrimination.

Article 16(1) — Equality of Opportunity

General posts are no longer “open competition”; they become caste-specific.

Article 16(4) — Adequate Representation

The system ensures inadequate representation by design.

Article 335 — Efficiency of Administration

Merit is not enhanced; access is restricted.

Article 46 — Duty of State to Protect Weaker Sections

The State has done the opposite — it has weaponized procedure to suppress representation.

This architecture is therefore ultra vires the Constitution.

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8. Conclusion: A Call for Judicial and Democratic Intervention

UPPCS’s post-2022 recruitment framework is an institutionalized exclusion mechanism.
By eliminating overlapping, depressing GEN cut-off artificially, inflating OBC/SC/ST cut-off artificially, and distorting final selection math, the Commission has effectively:

• Subverted the reservation system
• Violated constitutional equality
• Marginalized 90% population groups
• Created a caste-exclusive merit pipeline

This is no longer a recruitment issue —
this is a constitutional crisis.

The State and Commission must be compelled, through judicial review, legislative oversight, and public accountability, to restore:

• Overlapping principle
• True open category seats
• Fair cut-off methodology
• Compliance with constitutional mandates

Because justice delayed is representation denied.

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Adv Amaresh Yadav