GANGA SINGH Vs. COMMISSIOINER OF POLICE

JUDGEMENT

(1.) This petition has been, filed by the petitioner alleging that the petitioner succeeded in the examination for promotion to the post of Sub-Inspector of Delhi Police held in 1982 as a departmental candidate and he was placed at No. 12 in the merit list. Petitioner is a scheduled caste candidate and one another candidate Mahavir Singh who also appeared in the same examination was placed at No. 13 in the merit list. Mahavir Singh was also a scheduled caste candidate. There was reservation for this post and it is not disputed that looking to the number of posts available for scheduled castes and scheduled tribes the petitioner should have been appointed as a Sub-Inspector in Delhi Police.' But because of the decision of the Delhi High Court in Raj Kumar's case which held that this reservation was not justified the petitioner could not be appointed. Petitioner therefore filed a petition in Delhi High Court claiming appointement in the general category on the basis of his position in the merit list but as he has crossed 30 years on the date of the application he could not be appointed in the general category and therefore his petition was dismissed and SLP also was dismissed.

(2.) Mahavir Singh filed a petition before the Delhi High Court claiming to be appointed as a scheduled caste candidate in the reserved seat. This petition was dismissed by the Delhi High Court and he therefore came to this Court by a Special Leave Petition which was granted and in C.A. No. 163 of 1986 - Mahavir Singh v. S.S.C., (1986) 1 SCC 668, this Court allowed the appeal setting aside the judgment of the Delhi High Court and observed that Raj Kumar's case does not lay down good law and it was directed that he be given the benefit of' reservation on the basis of his position in the merit list.

(3.) It is alleged in this petition that consequently Mahavir Singh has been appointed and it is because of this that the present petitioner filed the present petition.