S N AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicant Shri S.N. Aggarwal seeks a review of our judgment dated April 19, 1991 to the limited extent that in so far as while disposing of his writ petition. We directed that be can be appointed only against the vacancy of Point No. 17 of the Roster but that being a reserved vacancy, only after de-reservation by the Central Government in terms of the instructions contained in the Brochure, including the Order issued on April 25, 1989. The High Court was accordingly directed to make a reference for de-reservation in terms of the said circular of the Central Government dated 25th April, 1989.

(2.) The applicant now states in this application for review, that a working of the roster reveals that the vacancy created by the retirement of Shri G.S. Dakha is a general category, vacancy, even though Shri Dakha belonged to Scheduled Caste category. The observation made by us in our judgment in respect to this vacancy, likely to occur on the retirement of Shri G.S. Dakha in May, 1991, was on the understanding that he being a Scheduled Caste candicate, the vacancy to be created by his retirement was bound to be a vacancy reserved for a Scheduled Caste candidate. This mis-conception occurred because during the final hearing of the arguments, there was no representation from the High Court of Delhi and all the parties before us proceeded on this assumption that the vacancy which shall occur on the retirement of Shri Dakha will have to be treated as a vacancy reserved for a candidate, belonging to the Scheduled Castes.

(3.) In reply to the notice of this review application, the High Court has now filed a counter-affidavit giving a complete working .of the roster till date and it is stated that after taking into account the two posts given to the two Scheduled Caste candidates viz., Shri Prithvi Raj and G.S. Jugti, the vacancy that occurred in May, 1991 on the retirement of Shri Dakha, shall fall against Point No. 22 of the roster, and that is a general category vacancy. The de reservation is required only in respect to the vacancy against Point No. 17, which Is meant for Scheduled Tribe candidate.