B N TEWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Art. 32 of the Constitution is a sequel to the judgment of this Court in T. Devadasan vs. Union of India, AIR 1964 SC 179. The petitioner was Assistant in Grade IV of the Central Secretariat Service. The next post which the petitioner could expect to get was of Section Officer (Assistant Superintendent). Recruitment to the post of Section Officer is made in the following manner:--

(2.) According to the resolution of the Ministry of Home Affairs dated September 13, 1950 reservation for scheduled castes and scheduled tribes was fixed at 12 1/2 per cent and 5 per cent, respectively without anything like the "carry forward" rule. In 1952, however, supplementary instructions were issued in this connection in the following terms:-

(3.) The petitioner contends that the effect of this Court's judgment in Devadasan's case, (supra), is that there is no carry forward rule in existence as the 1955 carry forward rule was struck down by this Court and the 1952-rule had ceased to exist by the substitution made by the Government of India in 1955. The petitioner further contends that in view of there being no carry forward rule either of 1952 or of 1955 after the judgment of this Court in Davadasan's case, (supra), all that the Government of India could do in the matter of reservation for the examination conducted in 1960 was to reserve 12 1/2 per cent of the vacancies for scheduled castes and 5 per cent for scheduled tribes. In the alternative it is submitted that if the carry forward rule of 1952 is still deemed to exist that rule is also bad being violative of Art. 16 of the Constitution. The petitioner finally contends that the carry forward rules of 1952 and 1955 being out of his way and the only reservation that was possible in the examination of 1960 being 12 1/2 per cent for scheduled castes and 5 per cent for scheduled tribes, he was entitled to be appointed on that basis. He, therefore, prays that a direction should be issued setting aside appointments of certain candidates belonging to scheduled castes and scheduled tribes over and above the reserved quota of 17 1/2 per cent and the Union Public Service Commission should be directed to announce the result of the said examination afresh after reserving 12 1/2 per cent of the vacancies for scheduled castes and 5 per cent for scheduled tribes.