J C MALIK Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this petition under Article 226 of the Constitution, the petitioners, who are in the service of the Northern Railway as Grade B Guards and Grade C Guards, have challenged the selection of respondents Nos. 4 to 8 for appointment to the posts in Grade A Guards. The petitioners have claimed relief for quashing the Railway Circulars dated 27th August, 1968 and 20th April, 1970 but during the course of the argument, the petitioners have confined their relief to the quashing of the selection of the aforesaid respondents.

(2.) IN the Railway service, there are three classes of Guards, namely. Guards A Garde in the pay scale of Rs. 205-7-240-8-280, Guards B Grade in the pay scale 150-5-175-6-205-EB-7-240 and Guards C Garde in the pay Scale of 130-4-170-EB-5-200-EB-5-225. The three categories of Guards belong to the category of Class III posts in Railway Service. Under the existing service rules and the circulars issued by the Railway Board, initial recruitment is made in the Grade C Guards, B Grade Guards are appointed by promotion from Guards Grade C on the basis of seniority while appointments to the post of Grade A Guards are made by selection from the aforesaid two lower Grades. A departmental Selection Committee is constituted for holding selection. On the basis of the list prepared by the Selection Committee, promotion is made to the post of A Grade Guards as and when vacancy arises. IN 1 972, selections were made for promotion to A Grade Guards. The petitioners Nos. 1 to 3 are B Grade Guards while petitioners Nos. 4 to 6 are C Grade Guards in the Northern Railway posted within Moradabad Division. They were not selected while junior to them were considered and selected. Respondents Nos. 4 to 8 were selected against the reserved vacancies as they belonged to the Scheduled Castes even though they were C Grade Guards. Reservation for Scheduled Castes candidates were made in accordance with the Railway Board's Circular dated 20th April, 1970. According to the respondents, the Selection Committee selected the respondent Nos. 4 to 8 against the 15% quota reserved for the Scheduled Castes candidates in the vacancies which were available at the time of selection in the A Grade Guards.

(3.) THE above paragraph clearly lays down that there would be reservation for Scheduled Castes to the extent of 15% for appointment to the posts filled by promotion. THE reservation of 15% has been made for appointment to the posts and not to the vacancies which may occur in the posts. This view finds support from the opening part of the said circular letter which clearly states that the question of revising the percentages of reservation for Scheduled Castes and Scheduled Tribes in posts and services under the Government of India in the light of the population of these communities as shown in the 1961 census has been under consideration of the Government for some time. THE circular further states that it has now been decided in modification of the decisions contained in paras 2 and 4 (1) of the Ministry of Home Affairs' Resolution of 13th September, 1950 that the following reservations will hereafter be made for Scheduled Castes and Scheduled Tribes in posts and services which are filled by direct recruitment. THE circular thereafter prescribed different quota for direct recruitment and for promotion to different class of service. It is thus clear that reservation for Scheduled Castes has been made in posts and services and not in vacancies occurring from time to time.