GOPALKRISHNA RAMCHANDRA CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These petitions are filed by certain Inspectors of Police. They question the validity and/or interpretation of Government Resolutions making reservations for Scheduled Castes (SCs), Scheduled Tribes (STs) and Denotified Tribes/Nomadic Tribes (DTs/NTs) in the category of Inspectors of Police and promotion from that category to that of Assistant Commissioners of Police in the Greater Bombay Police Force. Common questions of law arise. A common judgement.

(2.) Hereunder a broad outline of the Government Resolutions : (A) Government Resolution dt. 23rd May, 1974 provides for the reservation of 13% in favour of SCs and SC converts to Budhism, 7% in favour of STs and 4% in favour of DTs/NTs in promotions made on the basis of seniority subject to fitness in appointments to all Class I, II, III and IV posts in grades or services in which the element of direct recruitment, if any, does not exceed 50%. The Resolution provides for the maintenance of a roster and the procedure to be followed for promotion in respect of vacancies expected to arise during a year. (B) Government Resolution dt. 23rd May, 1974 was partially modified by Government Resolution dt. 31st July, 1976 whereby the percentage of direct recruitment-was raised from 50% as not to exceed 66 2/3%. (C) By Government Resolution dt. 2nd Mar. 1977 certain supplementary instructions were issued pertaining to the accurate estimation of vacancies likely to arise in the next year, and the continuation of the select list with the direction that the names from the next year's list should be utilised only after the earlier list was exhausted. (D) Government Resolution dt. 19th Mar. 1979 directed that when any reversion was to be effected, members of the Backward Classes already in service should not be reverted if their strength in the promotion cadre did not exceed the prescribed percentage of reservation. (E) Government Resolution dt. 25th Feb. 1980 directed that if Government servants belonging to any of the 3 of Backward Classes, viz. SC, ST and DT/NT, are not available for the reserved vacancies, then the Government servants belonging to other categories of the Backward Classes should be considered for promotion but only up to their quota. If Government servants belonging to any of the SC categories of Backward Classes are not available, then the vacancies should be kept vacant for 3 recruitment years and under no circumstances should they be filled by promoting non-Backward Class persons.

(3.) Hereunder Art.16(1), (2) and (4) of the Constitution :-