HARBANS SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HARBANS Singh, the petitioner in this writ petition, is employed in the Railway Protection Force (RPF ). After his selection for the post of Sub Inspector Cr. II he joined for initial training on 1st April, 1965 and after completion of the training he was appointed as Sub Inspector Cr. II in the Armed Wing Branch by the order of the Chief Security Officer dated 30tb April, 1966. He was promoted as Sub-Inspector cr. I with effect from 11th March, 1974 by the order of the Chief Security Officer, Western Railway, Bombay dated 29th November, 1975. The next post higher to the post of Sub-Inspector Gr. I is that of Inspector Gr. III. The promotion to the aforesaid post is made on the basis of Seniority-cum-Suitability by a Selection Board. The Selection Board was constituted in 1975 to draw the panel of Sub-Inspector Gr. I and II who were suitable for promotion as Inspector Gr. II to fill up 17 vacancies of Inspectors Gr. III. Out of these 17 vacancies 4 were reserved for Scheduled Castes and 1 was reserved for Scheduled Tribes The Selection Board met on January 20, 30 and 31, 1976 and on the basis of the recommendations of the Selection Board, the panel of Sub-Inspectors who had been selected for promotion as Inspector Gr. II were notified by the Chief Security Officer in May, 6/10 1976. The petitioner was amongst persons who had appeared before the Selection Board but his name was not included in the said penal. On 5th April, 1978 the Chief Security Officer Western Railway, notified that it was proposed to convene the Selection Board to draw the panel of Sub-Inspectors Gr. II in the Executive Branch, Fire Service Branch and Prosecution Branch suitable for promotion as Inspectors Grade II It was also notified that in the Exceptive Branch, the selection would be convened for filling up six posts of Inspectors out of which three posts were reserved for Scheduled Castes, one post was reserved for Scheduled Tribes and two posts were vacant for general community. The lists of Sub-Inspectors who were eligible to appear for selection in the respective Branches were also circulated. In the list of Sub-Inspectors of the Executive Branch the names of 24 Sub-Inspectors were included, but the name of the petitioner was not included. The petitioner thereupon filed this writ petition. In the writ petition, the petitioner has challenged the selection made by the Selection Board which met on January 29, 30 and 31, 1976 and the panel (Annex. 5) dated May, 6/10, 1976 prepared by the said Selection Board. The petitioner has also prayed that the notification (Annex. 6) dated 15th April, 1978 with regard to selection fixed on 19th May, 1978 for the post of Inspector Grade II be quashed.

(2.) AS regards the panel (Ex. 5) dated May 6/10,1976 which was prepared by the Selection Board which met on January, 29, 30 and 31, 1976, the case of the petitioner is that the said selection was made in violation of Regulation 5 of Chapter XII of the Railway Protection Force Regulations 1966 (hereinafter referred to as the "regulations") which prescribes the mode for assessment of the merit of the candidates for the purpose of promotion to the post of Inspector Gr. III. The case of the petitioner is further that in the said panel 25 candidates from general community, 5 candidates from Scheduled Castes, and 2 candidates from Scheduled Tribes have been selected which is in excess of the total number of vacancies that were notified. The petitioner has submitted that by the selection of 33 candidates i. e. 16 candidates in excess of notified vacancies, the petitioner was deprived of his future chances of selection.

(3.) I may now take up the challenge to the selection made in pursuance of the circular (Annex. 6) dated 16th April, 1978. The said selection has been challenged on the ground that it has been made in violation of the circulars of the Railway Board dated 27th August, 1968 and 20th April, 1970 which make provision for reservation of posts for employees belonging to Scheduled Castes and Scheduled Tribes. The submission of Shri Pathak was that under the said circulars provision has been made for reservation of 15% of the posts in the whole cadre for Scheduled Castes and 7-1/2% of the posts in the whole cadre for Scheduled Tribes. It has been pointed out that the total strength of the Cadre of Inspectors Grade II was 68 and on the basis of the reservation of the 15% of the post only 10 posts could be reserved for persons belonging to Scheduled Castes and on the basis of reservation of the 1\ % posts, 5 posts could be reserved for persons belonging to Scheduled Tribes. It has been submitted that 10 selected candidates belonging to Scheduled Castes were already working as Inspector Gr. II, and 6 selected candidates belonging to Scheduled Tribes were already working as Inspector Gr. II and that only vacancy could reserved for persons belonging to Scheduled Castes and no vacancy could be reserved for persons belonging to Scheduled Tribes. Shri Pathak has, therefore, submitted that out of the 6 vacancies which were notified by the circular dated 15th April. 1978 only one post could reserved for Scheduled Castes and the remaining 5 posts should have been kept for the general community. In support of his aforesaid submission Shri Pathak has placed reliance on the unreported decision of a Division Bench of the Allahabad High Court in J. C. Malik vs. Union of India (Civil Misc. Writ No. 1809/1972 decided on 9th December, 1977) (l ).