G C JAIN Vs. DIVISIONAL RAIL MANAGER

JUDGEMENT

(1.) BY this Order M. P. No. 543 of 1984 R. A. Morya and another v. Union of India and others, M. P. No. 1817 of 1984 Albert Sitaram and others v. Union of India and others, 2281 of 1984 Akhil Bhartiya Shoshit karmachari Sangh v. Union of India and others and M. P. No. 2685 of 1984 nandkishore Mishra v. Union of India and others are also disposed of as common question arises in these petitions regarding interpretation of the railway Board's Circular dated 11-1-1973 about reservation for Scheduled Caste and Scheduled Tribe employees for promotion to the posts filled on the basis of seniority-cum-suitability as per 40 Point roster. The question to be considered in all these petitions is whether reservation quota of 15% for scheduled caste and 7 1/2% for scheduled tribe is the maximum or the minimum. All these petitioners are in Class III service of the Central Railway in Jabalpur Division and their seniority is fixed division wise.

(2.) ON 13-9-1950 the Government of India published a resolution indicating their policy in regard to communal representation in the services. There they stated that certain reservations, amongst others, for members of scheduled Castes and Scheduled Tribes, would provisionally be made in recruitment to the posts and services under them. That resolution provided that in all cases a minimum standard of qualifications would be prescribed and that the, reservation would be subject to the overall condition that candidates of the requisite communities possessing the prescribed qualifications and suitable in all respects for the appointments in question, were forthcoming in sufficient numbers for the vacancies reserved for them. These orders were made applicable to all services under the control of the Government of India. Supplementary instructions provided inter alia for carrying forward vacancies as sufficient number of reserve candidates were not available. The Railway Board by its circular dated 27-8-1968 decided that for vacancies in posts filled by promotion, 12 1/2% of the posts will be reserved for Scheduled Castes and 5% for Scheduled tribes. By circular dated 20 April 1970 the Railway Board increased the quota of scheduled Castes to 15% and that of the Scheduled Tribes to 7 1/2% to all Class II and III promotion posts. This was done obviously to grant reservation to these two communities in proportion of their percentage in the population on all India basis. By circular dated 11-1-1973 the Railway Board laid down the procedure for filling up vacancies in pursuance of the reservation quotas for Scheduled caste and Scheduled Tribe candidates. It lays down that the number of reserved vacancies in a recruitment year i. e. financial year of the railway, should be determined on the basis of 40 point roster under the Board's circular dated 29-4-1970 in regard to the procedure for filling up non-selection posts in Class III and class IV services. In case the reserved community candidates equal to the number of reserved vacancies are not found suitable for promotion even with relayed standard, the reserved vacancies may be carried forward to the subsequent recruitment year to be filled in by such candidates. On 29-4-1982 the railway Board issued another circular that promotions on the basis, of reservation as well as carrying forward of reserved vacancies are to be filled in provided that overall representation of scheduled caste/scheduled tribe candidates in total strength of the concerned grade or grades is found to be inadequate i. e. total number of the scheduled caste/ scheduled tribe candidates in that grade has not reached the prescribed percentage of reservation for scheduled caste/scheduled tribe candidates respectively in the grade as a whole.

(3.) THE contentions of the petitioners are that since the limits of 15% and 7 1/2% total 2254% have been reached by promotion of reserved candidates, further promotion on the basis of reservation has come to an end and promotions have to be made as if there was no reservation. The 40 point roster which was the medium for reserved candidates would also come to an end and would cease to be applicable provided 15% and 7 1/2% total 2254% reservation is done. Reservation is to the posts and not to the vacancies. On the other hand, the railway authorities have taken the plea that they are applying 40 point roster as and when vacancies occur in any grade in each year irrespective of the fact whether in that particular category reserved appointments have been made to the extent of 15% and 7 1/2% total 22 1/2% or not. According to them, 15% and 754% is the minimum quota fixed for reserved candidates and the quota can be increased from time to time subject to the reasonable limit that may be prescribed. In M. P. No. 1593/1984, three scheduled caste candidates have intervened and they submitted that by another circular dated 21-2-1976 the Railway Board has directed that the prescribed quota is the minimum and not the maximum. A scheduled caste/scheduled tribe person appointed against an earlier point, even if it is an unreserved one, cannot be adjusted against subsequent reserved point occurring and/or filled at subsequent date, and all points other than reserved points in the roster are to be treated as unreserved and not reserved for others.