T DEVADASAN Vs. UNION OF INDIA AND UNOTHER

JUDGEMENT

(1.) The petitioner, who is a graduate; is an Assistant in grade IV of the Central Secretariat Service, having been recruited therein in the year 1956. He became permanent on January 1, 1958. The next post which the petitioner can expect to get is that of Section Officer (Assistant Superintendent) in the same service. Recruitment to the post of Section Officers is made in the following manner :

(2.) On February 6, 1960, the Union Public Service Commission issued a notification to the effect that a limited competitive examination for promotion to the regular temporary establishment of Assistant Superintendents of the Central Secretariat Service would be held in June. 1960. The notification further stated that a reservation 12 1/2 per cent of the vacancies would be made for members of the Scheduled Castes and 5 per cent for members of Scheduled Tribes. The result of this examination was announced by the Union Public Service Commission in April, 1961. The Union Public Service Commission recommended 16 candidates for being appointed in unreserved vacancies and 23 candidates in reserved vacancies. Subsequently the U. P. S. C. recommended 2 more candidates belonging to the Scheduled Castes/ Tribes for the posts. It may be mentioned that the number of vacancies which were expected to be filled was stated to be 48 out of which 16 were unreserved and the remaining 32 reserved though in fact the U.P.S. C. recommended the names of only 30 candidates for the latter class of vacancies. The Government, however, made only 45 appointments out of which 29 were from among the candidates belonging to the Scheduled Castes and Tribes.

(3.) The petitioner points out that the percentage of marks secured by him at the examination was 61 whereas the percentage of marks secured by some of the 29 candidates from the Scheduled Castes and Tribes was as low as 35 and one of his grievances is that it was not competent to the U.P.S. C. to prescribe one qualifying standard for members of the Scheduled Castes and Tribes and another for the rest of the candidates.