ANDHRA PRADESH STATE SCHEDULE CASTES WELFARE ASSOCIATION Vs. DIRECTOR OF ENGINEERING INDIAN AIRLINES HEADQUARTER NEW DELHI

JUDGEMENT

(1.) These two writ petitions, W.P. Nos. 11335/89 and 13046/89 run on a common course of law and facts. In W.P. No. 11335/89 the A.P. Scheduled Castes Welfare Association, represented by its General Secretary, is the petitioner. In W.P. No. 13046/89 one R, Suryanarayana Singh, is the petitioner who agitates his claim for being deputed to A-320 (Air bus) Manufacturer's Training at Tulouse, France, on the ground that he is a Scheduled Caste and comes within the quota of 25% reservation to qualify for such training. The prayer in W.P. No. 11335 / 89 also is to direct the respondents to depute at least 25% of the Scheduled Caste and Scheduled Tribe candidates for the specialised training tour of aircraft A-320 at Tulouse, France. The narration of facts as given in W.P. No. 11335/89 will serve the purpose of both the writ petitions.

(2.) The Government of India is in the process of acquiring A 320 air crafts from France and it is deputing the employees of the Indian Airlines for specialised training at Tulouse, France, so that they may be able to handle the new sophisticated A-320 air crafts. In March, 1989, about 24 employees from the category of Electrical Radio and Instrument Engineers were deputed for the training and again in August, 24 engineers were sent for the training at Tulouse, France. The case of the A.P. Scheduled Castes Welfare Association is that not a single Scheduled Caste candidate has been deputed so far for the training among the 48 though there is a fixed quota of 25% laid down for the Scheduled Caste and Scheduled Tribe candidates for such a training programme. The modus operandi for selecting the candidates is that screening test in Phase I and Phase II are conducted. These tests consist of digital devices and computer techniques (Computer courses). Apart from this, they conduct tests for Radio Engineers in Electrical and instrumentation; for Electrical Engineers in Radio and Instruments; and for Instrument Engineers in Electrical and Radio. The grievance of the petitioner is that the Scheduled Caste candidates are filtered at this screening test on the pretext that they do not pass the required test to qualify for further training at Tulouse, France. The crux of the submission made by the petitioner in this regard is that the merit inter se of the Scheduled Caste and Scheduled Tribe candidates should be evaluated and such Scheduled Caste and Scheduled Tribe candidates should not be judged in relation to the general candidates. In other words, even if a Scheduled Caste candidate is found to be deficient in certain departments of training he should still be selected for the sophisticated training course for handling A.-320 aircraft. The Association further states that R. Suryanarayana Singh who is the petitioner in W.P. No. 13046/89 is one of the senior Aircraft Engineer at Hyderabad. He belongs to Scheduled Caste and has appeared for screeing test. His juniors have been deputed for training, but he has been ignored on the ground that he has not passed the required tests. This submission is sought to be strengthened by asserting that it is obligatory on the part of the respondents to depute the Scheduled Caste and Scheduled Tribe candidates to an extent of 25% for the training. Neverthless it is stated that it is deplorable that not even a single candidate from the Scheduled Caste and Scheduled Tribe candidates has been selected and it is in clear violation of Arts. 14, 16, 21, 39 and 41 of the Constitution.

(3.) A clear analysis of the above facts leads to the conclusion that there are two principal submissions made by the petitioner in this regard, viz. a) that there is a fixed quota of 25% for the training of the Scheduled Castes and Scheduled Tribes candidates with the avowed object of making them qualified to handle the A-320 aircraft; and b) that competency or merit of the Scheduled Caste and Scheduled Tribe candidates should be evaluated inter se of the same castes and not in relation to the general candidates.