RAM COLLEGE OF COMMERCE Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER is Shri Ram College of Commerce. Petitioner college impugns the order dated 8.10.1998 passed by the respondent No.2/National Commission for Scheduled Castes and Scheduled Tribes directing appointing of SC candidates against reserved posts. The impugned order was passed pursuant to the complaint filed by the respondent No.4 Ms. Sunita Mehra.

(2.) SUPREME Court in the recent judgment in the case of State Bank of Patiala and Ors. Vs. Vinesh Kumar Bhasin (2010) 4 SCC 368 has held that national commissions only act as per the powers conferred to them under their respective Acts and they do not have powers to give directions/injunctions. In the case of Vinesh Kumar Bhasin (supra), an earlier judgment of the Supreme Court with respect to the respondent No.2 herein has been referred to that respondent No.2/National Commission for Scheduled Castes and Scheduled Tribes does not have powers to issue directions for appointment etc. This judgment of the Supreme Court is in the case of All India Indian Overseas Bank SC and ST Employees' Welfare Assn. Vs. Union of India (1996) 6 SCC 606. The relevant paras in the case of Vinesh Kumar Bhasin (supra) are as under: