LexAKHILESH KUMAR SINGH versus RAM DAWAN & ORS.
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[2015] 9 S.C.R. 467 AKHILESH KUMAR SINGH v. RAM DAWAN & ORS. (Civil Appeal No.1931 of 2010) SEPTEMBER 23, 2015 [DIPAK MISRA AND PRAFULLA C. PANT, JJ.] A B Service law - Reservation - Singular post in a cadre - Promotion to the post of clerk - Claim of - Single Judge holding that the claim was untenable as there was singular C post in the cadre of clerk duly sanctioned and created in the institution and thus, the said post could not be reserved for promotion from amongst the class IV employees - Division Bench of the High Coqrt holding that a single post of Class 0 Ill available in intermediate college governed by the Act can be filled up by promotion - On appeal, held: Reservation for a single post in a cadre would keep the general members of the publicin total exclusion - Reservation would arise when there is plurality of post in the cadre - Reservation is only E restricted to the Scheduled Castes, Scheduled Tribes and Other Backward Classes - It does not relate to the persons serving in the feeder cadre - In the instant case, Regulation provides for 50% of the total number of posts to be promoted through promotion - Note appended lays down that in F calculation of the 50% of the post less than half would be left and half or more than half post would be deemed as one - Thus, if a singular post in the clerical cadre is there, it would be filled up by promotion from amongst the eligible candidates from the feeder cadre - Order passed by the G Division Bench was correct - U P. Intermediate Education Act, 1921- Constitution oflndia, 1950-Arts 16(1), (4). 467 H 468 SUPREME COURT REPORTS [2015] 9 S.C.R. A Jai Bhagwan Singh v District Inspector of Schools, Gautambudh Nagar & Ors. 2006 3 UPLBEC 2391; Palak Dhari Yadav 1999 3 UPLBEC 2315; Post Graduate Institute of Medical Education & Research, Chandigarh v. Ff!CU/ty Association and others (1998) 4 SCC 1 :1998 (2) SCR 845; B Union of India v. Madhav (1997) 2 SCC 332: 1996 (6) Suppl. c D E F G SCR 503; State of Punjab and others v. R.N. Bhatnagar and Anr. (1999) 2 SCC 330: 1998 (3) Suppl. SCR 693; Ku/deep Kumar Gupta and others v. H.P State Electricity Board and Ors. (2001) 1 SCC475: 2000 (5) Suppl. SCR 572- referred to. Case Law Reference 2006 3 UPLBEC 2391 Referred to. Para 4 1999 3 UPLBEC 2315 Referred to. Para 4 1998 (2) SCR 845 Referred to. Para 7 1996 (6) Suppl. SCR 503 Referred to. Para 7 1998 (3) Suppl. SCR 693 Referred to. Para 9 2000 (5) Suppl. SCR 572 Referred to. Para 10 CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1931 of2010. From the Judgment and Order dated 18.07.2007 of the High Court of Judicature at Allahabad in Special Appeal No. 1191 of2006. Pramanand Gaur, S.C. Singhal for the Appellant. Hariom Yaduvanshi, Geeta Singh, Dr. Monika Gusain, Gagan Gupta, Vivek Vishnoi, M. R. Shamshad, Shashank H Singh for the Respondents. AKHILESH KUMAR SINGH v. RAM DAWAN & ORS. 469 The Judgment of the Court was delivered by A DIPAK MISRA, J. 1. A deep rooted desire strongly planted in unsatisfied ambition has compelled tl:ie appellant to paint a picture with the colour of 'reservation' on a constitutional foundation eventually with immense aspiration that he can B achieve it by sheer assertion and repeated asseveration of the proposition that a singular post in a cadre cannot be reserved, totally ostracizing the contrary perception that the principle of reservation, as is understood in the constitutional bedrock, is absolutely foreign to the concept. C 2. Presently to the factual expose. The first respondent was appointed as Daftari on 1. 7 .1975 in Kisan Uchchatar Madhyamic Vidyalaya, Hidra, Kanwar, Basti, a recognised Intermediate College governed by the U.P. Intermediate o Education Act, 1921 (for short, "the 1921 Act") and he became a permanent employee with effect from 13.10.1981. He passed the High School education in the year 1997 and thereafter the intermediate examination in the year 2000 as a consequence of which he became eligible for consideration E of promotion for the post of Clerk. On 30.6.2003, Roop Narain Singh who was working as a Clerk, on attaining the age of superannuation stood superannuated and one Assistant Teacher remained incharge. After retirement of Roop Narain Singh, the first respondent submitted an application to the F District Inspector of Schools, through the Principal for his promotion to the post of Clerk. The concerned Princi
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