S R MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal deals with the promotion given by the first respondent to the respondent No. 3 to the post of Head of Section, Ceramics in a Government Polytechnic. There is no dispute that this is a single post. The first respondent, however, applied the roster relating to reservations to this post. Hence although the appellant was the senior-most person eligible for promotion to that post, he was not appointed. Instead, respondent No. 3, who was junior to him, but who belonged to the Scheduled Caste category was appointed since on the roster point, the vacancy was reserved for a Scheduled Caste candidate.

(2.) The Karnataka Administrative Tribunal in the impugned judgment proceeded on the basis that since this was a promotional post, all promotional vacancies would have to be rotated in accordance with the roster. Hence the promotion of respondent No. 3 to the post of Head of Section, Ceramics, was a valid appointment.

(3.) The Constitution Bench of this Court in the case of Post-Graduate Institute of Medical Education and Research, Chandigarh v. Faculty Association, JT 1998 (3) SC 223, has held, after discussing all decisions on this question, that: