DIDAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was inducted into service as an S.S. Master in the education department of Punjab against a reserved post for physically handicapped person. The petitioner happens to belong to a Scheduled caste category also. What he is claiming is that by being inducted into service as a physically handicapped person against a reserved post, he does not lose his character of belonging to a Scheduled caste category and whenever a turn for promotion in the next higher rank for a Scheduled caste against reserved point comes, his case has to be considered against the reserved point category for Scheduled caste.

(2.) We are of the view that if a person belongs to two reserved categories, he can avail benefit only against one of those categories for the rest of the service career. However, we may observe here that if a person belongs only to one reserved category but during the course of selection for being inducted into service such a reserved category candidate is found to be more meritorious than any of the general category candidates then such a person, though belonging to a reserved category is to be taken in the general category according to his merit and thereafter in case reserved point comes in the next higher rank for promotion from the reserved category to which such an individual belongs his case can be considered for promotion against that reserved category irrespective of the fact that he was inducted as a general category candidate. By being inducted as a general category candidate he would not lose his character of belonging to a particular reserved category. This, however, may not hold good if the person belongs to two reserved categories. In that eventuality it may create a very anomalous situation. For example if the present petitioner who belongs to a handicapped category as well as to Scheduled caste category had been found more meritorious then a general category candidate when he was selected and having been inducted against the general category seats, could he during the rest of the service career claim reservation against the post of scheduled caste and handicapped category as and when available ? The answer to this would be that when such an eventuality arises, the incumbent has to make a choice whether he would like to be considered against one or the other reserved category for the rest of the service career. Otherwise, he would keep on taking the advantage of reservation in both the categories as and when a situation may arise and may claim at one time a reserved category post for handicapped and another time the post reserved for Scheduled caste category. According to us this cannot be allowed. For the foregoing reasons, we find no merit in this writ petition which is hereby dismissed. Petition dismissed.