AKHIL BHARATIYA SOSHIT KARAMCHARI SANGH (RAILWAY) REPRESENTED BY ITS ASSISTANT GENERAL SECRETARY ON BEHALF OF THE ASSOCIATION versus UNION OF INDIA AND ORS.

Citation: [1981] 2 S.C.R. 185 · Decided: 14-11-1980 · Supreme Court of India · Bench: V.R. KRISHNA IYER · Disposal: Dismissed

Cited by 9 judgment(s) · cites 6 · see the full citation network in Lexace

Judgment (excerpt)

185 
AKHJL BHARATIYA SOSHIT KARAMCHARI SANGH (RAIL-
A 
WAY) REPRESENTED BY ITS ASSISTANT GENERAL 
SECRETARY ON BEHALF OF THE ASSOCIATION 
v. 
UNION OF INDIA AND ORS. 
November 14, 1980 
[V. R. KRISHNA IYER, R. S. PATHAK AND 0. CHINNAPPA REDDY, JJ.J 
Cvnstztution of India, 1950-Arts. 16, 46 and 335-Scope of-Reseri.·ation 
of posts under the St11te in favour of Scheduled Castes and Scheduled Tribts-
Car1y fonvard of unfilled posts for three years-validity of--
Jn so far as the initial recruitment and later promotion to classes II, III and 
IV are concerned, the Railway Administration provided for reservation of cer-
tain percentage of vacancies for candidates belonging ito the Scheduled Castes 
and Scheduled Tribes. Since, despite the special provision the intake of these 
comrnunities into the Railway Services continued to be negligible further con-
B 
c 
cessiom and relaxations were offered from time to time to members belonging 
D 
to the Scheduled Castes and Scheduled Tribes. Even So, in ma.ny cases the 
vacancies reserved for them remained unfilled. Yet another step taken by 'he 
Railway Administrotion to lteep open the reserved vacancies was to adopt a 
policy of "carry forward" of, the unfilled reserved vacancies for at least three 
years. 
Jn obedience to the policy decisi0n of the Ministry of Home Affairs, the 
E 
Railway Board issued certain directives designed to protect and promote the 
interest of members of the Scheduled Castes and Scheduled rfribes in the matter 
of their employment in the· Railway Administration. 
The policy directive· of 
reserving certain percentage of posts in favour of these communities having not 
proved effective, the Railway Board altered the rules "with a view to securing 
increased representation of Scheduled Castes and Scheduled Tribes 
in 
the 
Rail\vay Services" (Annexure D). The Railway Board authorised the recruit-
F 
ing bodies to slur over low places obtained by Scheduled Castes and Scheduled 
Tribes candidates except where it was fotlnd that the 
minimum 
standard 
~necessary for the maintenance of efficiency 1 of the administration has not been 
,-
reached. 
The appointing authorities were directed to give additional training 
and coaching to the recruits so that they might come up to the standard of 
ot~1er recruits appointed alongwith them. 
Likewise where direct recruitment, 
otherwise than by examination, was provided for, the Railway Board directed 
G 
the selection of Scheduled Castes and Scheduled Tribes 
candidates fulfilling 
a lower standard of suitability than from other communities, so Jong as the 
canc.Tidates had the prescribed minimum educational and technical qualifiootion111 
and the appointing authorities were satisfied that the lowering of standard5 
would not unduly affect the maintenance of efficiency of administmtion. 
ln the case of selection posts the Railway Board decided that promotions 
from class IV to class ID and from class Ill to class II were of the nature of 
H 
direct recruitment and the prescribed quota of reservation for Scheduled Castes 
and Scheduled Tribes should be provided as in direct recmitment. This reser-
A. 
B 
c 
D 
E 
F 
G 
186 
SUPREME COURT REPORTS 
[1981) 2 S.C.R. 
vation was confined to 'selection posts'. In regard to filling of "general posts" 
in class Ill it was stated that they were in the nature of direct recruitment and 
the reservation for Scheduled Castes and Scheduled Tribes as applicable ta 
din~...:t recruitment should be applied. (Annexure F). 
In 1969 the Railway Beard further revised their policy in regard to the 
rescr,,:arion and other concessions to the Scheduled Castes and Scheduled Tribes 
candidates in posts filled by promotion (Annexure H). 
The circular statt:d 
tbnt in promotion by selection from class III to class II, if a member of the 
Scheduled Castes and Scheduled Tribes was within the zone of eligibility the 
employee would be given one grading higher than the grading otherwise assign-
able to him on the basis of his record of service. 
Jn April, 1970 the percentage of vacancies to be reserved for Scheduled 
~--­
Castes and Scheduled Tribes was raised from 12-!-% and 5% to 15% and 
7to/o reipectively (Annexure I). By the same order the 
11carry forward" rule 
\.Vas altered from 2 to 3 years. 
In 1973 the Railway Board issued a directive stating that the quota of 15% 
and 7!% for Scheduled Castes and Scheduled Tribes may be provided in pro-
ri.1otion to the categories and posts in classes I

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