V.DASHARATHAM Vs. REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) These writ petitions are filed against the order dated 27.02.2001 passed by the Central Administrative Tribunal, Hyderabad Bench, in O.A. No. 293 of 2000. For the sake of convenience, the parties are referred to as arrayed in W.P. No. 6356 of 2001.

(2.) The 1st respondent was working as an animal Attendant in the National Institute of Nutrition, the petitioner herein, since 18.10.1996. The promotion from that post is, to the post of Senior Animal Attendant (in short "SAA"). The Recruitment Rules framed by the Indian Council of Medical Research in 1973 (in short "Rules") provided that the post of SAA shall be filled up through promotion. However, if suitable eligible candidates for promotion are not available, the appointment can be made through direct recruitment.

(3.) The petitioner issued a Notification through Employment News, dated 27th February to 5th March, 1999, inviting applications for six posts of SAA and all the vacancies were reserved for Scheduled Tribe Category. The respondents 3 to 8 have been selected and they were also issued orders of appointment on 16.02.2000. Challenging the said appointment of respondents 3 to 8, the 1st respondent filed O.A. No. 293 of 2000. According to him, once the appointment to the post of SAA is required to be made through promotion, there was absolutely no basis for the petitioner in resorting to direct recruitment. Another contention of the 1st respondent was that the reservation of all the six vacancies in favour of S.T. category-is untenable.