DARSHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to implement Reservation Policy issued by respondent No.3 i.e. Secretary to Government, Department of Welfare of Schedule Castes and Backward Classes, vide Letter dated 17.6.1983 (Annexure P-5) and to promote the petitioners as Lecturers in Political Science as per quota meant for scheduled caste candidates.

(2.) IT has been pleaded that the petitioners having qualified M.A. in Political Science, are eligible to be promoted as Lecturers in Political Science. The petitioners have been serving as Masters. The petitioners belong to Scheduled Caste category and claim to be eligible for promotions as Lecturers in Political Science against 20% posts reserved for Scheduled Castes category as per Instructions dated 17.6.1983. In Para 7 of the petition, it has been pleaded that as per promotion order, no post was given to scheduled caste which is in violation of instructions.

(3.) THAT since by virtue of an amendment in Punjab civil Services (General and Common condition of Services) Rules, 1994 (Annexure R-1) as already stated above the posts of Lecturers have started falling in Group- B hence, w.e.f. 08-09-2000, as per the instructions dated 17-06-1983 (Annexure P-4) and as per the provisions of section 4(3) of "The Scheduled Casts & Backward Classes (Reservation in Services) Act 2006 14% reservation is being provided to Group B posts A copy of the clarification dated 14-08-2007 is being annexed herewith a Annexure R-2. Thus, as per 14% reservation for schedules castes candidates, 102 posts of male lecturer in Political Science in promotional quota are required to be earmarked for schedules castes candidates, however 138 male scheduled castes employees have already been promoted as Lecturer Political Science, resulting into the promotion of 36 Scheduled castes employees in excess of quota. Hence, no male scheduled castes employee has been ordered to be promoted as lecturer in Political Science vide promotion order dated 03-05-2008 (Annexure P-3)."