STATE OF J & K Vs. AB. RASHID

JUDGEMENT

(1.) India, an ancient land, has witnessed and experienced all kinds of trials and tribulations. In pre constitution era certain sections of the society suffered many kinds of disadvantages. On the dawn of independence, the constitution makers, who were great visionaries, provided means and methods, in the Constitution itself, to enable the deprived and disadvantaged classes of the society to rub shoulders with those classes of the society who for variety of reasons were catapulted to advantageous position. Constitution cast solemn duty on the State to take steps for removing abominable disparities between different sections of the society. The conferring of advantages and benefits on the deprived sections of the society, would pre suppose undertaking the exercise for ascertaining the level of disadvantages and deprivations from which they suffer and thereafter by law mechanism is to be provided for overcoming such disadvantages. In the guise of removing disparities, benefits cannot be conferred, to the disadvantage of other sections of the society.

(2.) In the public employment in view of the mandate contained in Article 16(4) of Constitution of India, the State has been given discretion for making provisions for the reservation in appointment(s) or post(s) in favour of any backward class(s) of citizen(s) which in the 'opinion' of the State is not adequately represented in the services. For formulating an opinion the Govt. has to conduct survey to ascertain the level of under representation in public services.

(3.) In the case on hand, the candidate(s) belonging to open merit category and ST have locked horns in respect of fixation of their seniority and consequential promotions to the next higher post. The petitioners and private respondents are members of the J&K Engineering (Gazetted) Service constituted under J&K Engineering (Gazetted) Service Recruitment Rules, 1978 (for short Rules of 1978). The appellants in LPA No. 217/07 belong to ST category.