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In this context, it may be noted that though no appeal has been filed against the Order in O.A.No. 206/89, we are given to understand that Alok Kumar who agitated his similar claim along with two others who were all allocated to Group 'A' Services (I.R.P.S.) in O.A.No. 1071/1990 has preferred Civil Appeal No. 5469 of 1990 against the judgment in the said O.A. No. 1072 of 1990.

Shri Alok Kumar filed his application in December 1986 to sit for the preliminary examination in 1987. The prelimi- nary examination was held by the Union Public Service Com- mission ('UPSC for short') in June 1987 and the result was declared in July 1987. The C.S.E. (Main) Examination was held by the UPSC in November 1987. The interviews took place in' April 1988 and the final results were declared by the UPSC in June, 1988. The applicant, Alok Kumar was selected for appointment to Central Service Group 'A' post. A commu- nication to this effect was sent to him on 30.8.88 in which Alok Kumar's attention was drawn to Rule 4 of the C.S.E. Rules 1987 pointing out that if he intended to appear in the Civil Services (Main) Examination in 1988 he would not be allowed to join the Probationary Training, along with the candidates of 1987 group but would only be allowed to join the Probationary Training along with the candidates who would be appointed on the basis of the CSE 1988. The said letter also indicated that in the matter of seniority, he would be placed below all the candidates who would join training without postponement. Therefore, he was required to furnish the information about his appearing in the CSE (Main) 1988 to the concerned cadre controlling authorities. He was further informed that only on receipt of the above information, the concerned cadre controlling authority would permit him to abstrain from the Probationary Training. The Joint Director, Estt. G (R), Ministry of Railways (Railway Board) informed Alok Kumar about his selection for appoint- ment to the Indian Railway Personnel Service and that the training would commence from 6.3.1989 and that he should report for training at the Railway Staff College, Vadodara. Further he was informed that he once joined the Probationary Training along with 1987 batch, he would not be eligible for consideration of appointment on the basis of subsequent CSE conducted by the UPSC.

The case of Alok Kumar was that he did not intend to appear in the next CSE and he had already appeared for the CSE 1988 even before he received the offer of appointment dated 2.1.1989. He was then intimated that if he had already joined the Probationary Training along with 1987 batch, he would not be eligible for consideration for appointment on the basis of subsequent CSE conducted by the UPSC. Besides the main reliefs, Alok Kumar had prayed for an interim order to join and complete the current Probationary Training without being compelled to sign the undertaking sought to be obtained from him subject to final orders in the O.A. The Division Bench of the Tribunal issued an interim order, as prayed for by Alok Kumar, allowing him to join the requisite training for the service to which he had been allocated and allowed him to appear in the interview as and when he was called by the UPSC on the basis of 1988 Examination.

Provided that this restriction on the number of attempts will not apply in the case of Scheduled Castes and Scheduled Tribes candi- dates who are otherwise eligible: Provided further that a candidate who on the basis of the results of the previous Civil Services Examination, had been allocated to the I.P.S. or Central Services, Group 'A' but who expressed his intention to appear in the next Civil Services Main Examination for competing for IAS, IFS, IPS or Central Serv- ices, Group 'A' and who was permitted to abstain from the probationary training in order to so appear, shall be eligible to do so, subject to the provisions of Rule 17. If the candidate is allocated to a service on the basis of the next Civil Services Main Examina- tion he shall join either that Service or the Service to which he was allocated on the basis of the previous Civil Services Examination failing which his allocation to the service based on one or both examination, as the case may be, shall stand cancelled and notwith- standing anything contained in Rule 8, a candidate who accepts allocation to a Service and is appointed to a service shall not be eligible to appear again in the Civil Services Examination unless he has first resigned from the Service.
A Candidate who on the basis of the results of the previous CSE;
i) should have been allocated to the IPS or Central Services Group 'A';
ii) The said candidate should have expressed his intention to appear in the next Civil Service Main Examination for competing for IAS, IFS, IPS or Central Services Group 'A' subject to the provisions of Rule 17; iii) The said candidate should have been permitted to abstain from the Probationary Training in order to so appear.