SOHAN LAL BHUMBAK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Sohan Lal Bhumbak, Tehsildar, posted as Sub Registrar, Ludhiana (hereinafter to be referred as 'the petitioner') failed in his endeavour to enforce instructions dated 6.6.1974 issued by the Punjab Government, whereby 25% posts have been reserved for the members of the Scheduled Caste for direct recruitment to all the services and in alternative, instructions dated 4.5.1974 (Annexure P -6), whereby 14% posts have been reserved by the State Government for the aforesaid category, in view of Article 16(4) of the Constitution of India, when his writ petition bearing No. 7664 of 1987 for the relief aforementioned came to be dismissed by the learned Single Judge vide orders dated 25.1.1988. It is against this order of the learned Single Judge that present appeal under Clause X of the Letters Patent has been filed.

(2.) BRIEF facts of the case giving rise to this appeal reveal that the petitioner after having joined Punjab State Government service, according to his version, had earned very good confidential reports and his record of service was reckoned as outstanding. He was selected as Tehsildar on account of his good service record and posted as Sub Registrar, Ludhiana when he filed the writ petition. Under Rule 9 of the Punjab Civil Services (Executive Branch) (Class -I) Rules, 1976, (hereinafter to be referred as 'the Rules of 1976'), Tehsildars are eligible for selection as candidate for Registrar A -I maintained under the rules and can avail appointment to the office of Punjab Civil Services (Executive Branch). The petitioner is a Balmiki by caste and is, thus, a Scheduled Caste. The petitioner was an eligible candidate and as such his name was considered for selection to the Registrar A -I against the quota reserved for year 1982. The said quota was recommended by the Government to the Punjab Public Service Commission, Patiala. Petitioner's name along with 12 other candidates was referred to the Punjab Public Service Commission for consideration. The Commission issued letter dated 31.8.1987 for interview of the petitioner, on 11.9.1987. The Commission declared result on 18.9.1987, which was published in the Tribune on 20.9.1987 selecting respondents 3 to 6 for enrolment on Registrar A -1. The Punjab Government, vide letter dated 6.6.1974, issued instructions under Article 16(4) of the Constitution of India whereby 25% of the posts meant for direct recruitment were reserved for members of Scheduled Castes. The Government further decided vide letter dated 4.5.1974 that in the matter of promotions to Class -I and II services, the reservation should be 14% for members of Scheduled Caste. In view of the Government policy of reservation, be it direct recruitment or by way of promotion, benefit of reservation is to be given to all appointments to Punjab Civil Services (Executive Branch) (Class -I) (hereinafter to be referred as 'the service'), right from the year 1974 onwards. In the year 1984, there were 14 vacancies falling to the share of Tehsildars and Naib Tehsildars in Punjab Civil Services Cadre (Registrar A -1). The Government, vide letter dated 9.4.1984 (Annexure P -3), sought recommendations of the Deputy Commissioners and Commissioners for filling up these vacancies. The Government, however, failed to indicate any thing about the reservation in favour of Scheduled Caste candidates. The Government, thus, in flagrant disregard to its own instructions, did not reserve 4 seats out of 14 for Scheduled Caste candidates. However, the Government confined to the selection of only 8 posts leaving 6 posts to be filled up later on. These 8 posts were to be filled up by general candidates. Two more posts were filled up from general categories in 1985. Thus, out of 6 posts, 4 posts falling to the share of members of Scheduled Caste remained vacant. Again, in the year 1984, the Punjab Government, vide letter dated 29.11.1984, sought to fill up these 4 posts from amongst the Tehsildars and Naib Tehsildars. However, the Government again failed to reserve these 4 posts for members of Scheduled Castes in violation of Government instructions dated 6.6.1974. The Commission interviewed the petitioner, respondents 3 to 6 and other candidates on 18.9.1987 confining its recommendations only to the candidates from general category. In the event of these 4 posts being confined for the members of Scheduled Caste, the petitioner was bound to be selected as he is member of Scheduled Caste and has priority amongst the members of Scheduled Castes being a Balmiki.

(3.) THE petitioner can succeed in getting the desired relief only if he is able to make out that appointment in the service is either by way of direct recruitment or by way of promotion. The issue involved in this case, in view of the pleadings and contentions raised by the counsel representing the petitioner, can be determined only on the basis of the rules governing appointment to the service. Relevant Rules of the Rules of 1976, thus, need an immediate attention.