POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH CHANDIGARH S S KALSI STATE OF PUNJAB UNION OF INDIA STATE OF PUNJAB STATE OF PUNJAB Vs. FACULTY ASSOCIATION:M L SEHGAL:M L SEHGAL:K SIVAN:HARCHARAN SINGH:SHANGARA SINGH

JUDGEMENT

(1.) .-

(2.) IN all these matters a common question arises for decision as to whether in a single cadre post reservation for the backward classes, namely. Scheduled Castes, Scheduled Tribes and Other Backward Classes can be made either directly or by applying rotation of roster point. There are conflicting decisions of this court on the question of such reservation in a single cadre post.

(3.) MR Kapil Sibal has submitted that there cannot be any reservation either for initial appointment or for an appointment on promotion in respect of a single post cadre either directly or by the device of rotation of roster. MR Sibal has contended that the very concept of carry forward or the principle of roster is alien to a single post cadre. He has also contended that the principle of carry forward meaning thereby carrying forward reservation presupposes existence of multi-posts cadre. If there is only one post in a cadre, the vacancy for such single post being filled up, there will be no occasion for carrying forward reservation for filling up such vacancy. MR Sibal has also contended that the rationale of reservation under Article 16(4 of the Constitution is founded on the inadequacy of representation of a class in the service under the State. The question of adequacy of representation does not and cannot arise in a single post cadre because only one person can be accommodated against the single post, leaving no scope for adequate representation of any particular class in such single post.