LAWS(SC)-1996-5-32

SWATI Vs. DAMODAR ANANT KARANDIKAR

Decided On May 08, 1996
SWATI Appellant
V/S
DAMODAR ANANT KARANDIKAR Respondents

JUDGEMENT

(1.) The short point which we are called upon to decide in this appeal is relatable to the percentage of reservation for the members of Scheduled Castes/Scheduled Tribes in the promotional posts of Bombay Port Trust. Though the point is short, it is undoubtedly important.

(2.) There is no dispute regarding the applicability of the policy of reservation even in promotional posts. This is so because of the view taken by the majority in the nine-Judge Bench decision of this Court in Indra Sawhney's case, commonly known as Mandal Commission's case. (1992) 3 Suppl. SCC 210(217) . The only question is regarding the extent of reservation; the period of reservation shall, of course, be as indicated by the majority in Mandal case.

(3.) The aforesaid question was agitated before the High Court of Judicature at Bombay, inter alia, by the Bombay Port Trust non-Scheduled Castes/Scheduled Tribunes Employees Association. Its case was that the percentage of reservation in promotion was required to be as at the time of initial recruitment, for which purpose the population of the Scheduled Castes/Scheduled Tribes in the State of Maharashtra was required to be taken note of. To put it differently, it was contended that the percentage of reservation could not be as fixed by the Union of India which, at the relevant time, was 15% for the Scheduled Castes and 7 1/2 per cent, for Scheduled Tribes. As against this, the percentage of reservation as fixed by the State of Maharashtra then was 7% for Scheduled Castes and 9% for Scheduled Tribes. The Association also made a grievance about non-framing of any regulation qua Class I and Clsss II employees by the Port Trust of Bombay.