SEELAMHARI RAO Vs. LIC OF INDIA SAIFABAD HYDERABAD

JUDGEMENT

(1.) Many exercises, litigations and pronouncements of the Courts and many efforts as to how reservations for socially and educationally Backward Classes, Scheduled Castes and Scheduled Tribes would be rationalised, it appears, have failed to create necessary awareness even in organisations which boast of being one of the largest Public Undertakings and a 'State' under Article 12 of the Constitution of India. The instant case of a damage to a person belonging to a backward class and entitled to the benefit of reservation merely because he has been more meritorious than others in his class of backward, is a glaring example of the above.

(2.) The instant appeal under Clause 15 of the Letters Patent of the Court has arisen from the judgment of the learned single Judge in a petition under Article 226 of the Constitution of India. Relevant facts, which are undisputed are that the petitioner along with other candidates appeared in the written test for recruitment as sub-staff of the respondent-Corporation and being successful in the written test, was interviewed and in the selection list found himself placed at S.No.47. Respondents selected 112 candidates and prepared accordingly a list on 23-9-1995 dividing the posts as follows for different categories: 56 posts - General Category 31 posts-O.B.C. 17 posts - Scheduled Castes 6 posts - Scheduled Tribes 2 posts - Ex-service men It is said since 56 posts were earmarked for General Category and the petitioner-appellant occupied 47th position in the list prepared on 23-9-1995 in the appointments that the respondents have been making, they took others in O.B.C category and appointed them. Some appointments they made in General Category; however, the petitioner-appellant's turn being at S.No.47 has not yet come.

(3.) Petitioner-appellant has moved this Court alleging that he being much above in the merit list of 112 candidates than other candidates belonging to O.B.C category, before any person ranking below him was appointed, he ought to have been appointed.