SHER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner by this Writ Petition, assails the order dated 10.4.2006 dismissing OA No. 72/2006. Petitioner in the said OA had challenged the rejection of his representations and had sought that he be given relaxation by virtue of belonging to the Scheduled Caste category in terms of OM NO.8/12/69-Est. (SCT) dated 23.12.1970. Petitioner also assails in the writ petition the refusal by the Tribunal to grant interim relief of staying the process of holding DPC for promotion to the post of Junior Accounts Officer as prayed for in OA No. 285/2006.

(2.) Facts culminating in the filing of the writ petition may be noted:

(3.) We have heard the parties and perused the documents available on record along with the petition and counter affidavit. Counsel for the petitioner challenges the order of the Tribunal on the ground that it failed to appreciate that the action of the respondent in not considering the OM No. 8/12/79-Est. (SCT) dated 23.12.1970 and extending the relaxation in examination standard in the Part II SAS Level in favour of the applicant. It, according to the petitioner, has resulted in substantial failure of justice. Petitioner claims to have passed all the papers with flying colours except paper III. Further, petitioner was the only candidate who secured exemption in two papers. He urges that the order of the Supreme Court relating to an organized accounts cadre has not been implemented even until 2006 and further the recruitment rules have not been framed. Petitioner claims that being under SC/ST category, was entitled to 5% exemption pursuant to the circular dated 31.5.2001 passed by Govt. of India, Ministry of Finance especially when there was no SC/St candidate who had qualified in SAS Part II. Besides, if all the vacancies are filled by the general candidates, there was no likelihood of any further vacancies till next five years, thereby defeating the very purpose of reservation for SC/ST and the provision for relaxation.