G.S.I.C KARMACHARI UNION AND ORS. versus GUJARAT SMALL INDUSTRIES CORPORATION AND ORS.

Citation: [1996] SUPP. 10 S.C.R. 8 · Decided: 12-12-1996 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Disposed off
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Judgment (excerpt)

A 
G.S.I.C. KARMACHARI UNION AND ORS. 
v. 
GUJARAT SMALL INDUSTRIES CORPORATION AND ORS. 
DECEMBER 12, 1996 
B 
[K. RAMASWAMY, S.B. MAJMUDAR AND G.T. NANAVATI, JJ.] 
Constitution of India, 1950: Articl~s 14, 15, 16, 38, 46, 5I-A and 335. 
Scheduled Caste-Scheduled Tribe-Reservation in service-Retrospec-
C tivity-Validity of-R.eservation in promotions-Resolution dated 30.4.1984 
providing for reservatim-Resolution dated 29.8.1987 by Respondent-Cor-
poration deciding to implement the roster system and promotion of Scheduled 
Caste and Scheduled Tribes employees as per the directives and Resolution 
of the Gujarat Government on January 31, 1976 to give effect to the policy of 
D reservation in promotion in all Class-I, Class-II and Class-III posts in grades 
or services in which the element of direct recrnitment, if any, does not exceed 
50o/rWrit challenging validity-Held in view of the decision of Government 
of Gujarat the respondent-Corporation was justified in passing the Resolution 
for giving effect to the policy of reservation in all posts of classes I to IV from 
April 30, 198~The subsequent impugned Resolution giving effect to ·the 
E roster from January 1, 1976, therefore, would not be justified in the light of 
the Resolution passed by the Governments on August 18, 1985-The Corpora-
tion shall keep operating the roster w.e.f. April 30, 1984 onwards. 
F 
G 
Indra Sawhney v. Union of India & Ors., [19921 Supp. 3 SCC 210, 
referred to. 
CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 986 of 
1989 .. 
(Under Article 32 of the Constitution of India.) 
P.K. Manohar for the Petitioners. 
P.S. Poti, Mrs. Neetu Singh, Mrs. H. Wahl, (Sunil Kumar Jain), for 
Jain Hansaria & Co., M.N. Shroff and S. Bhowmick for the Respondents. 
H 
The following Orde,r of the Court was delivered : 
8 
G.S.LC. KARMACHARI UNION v. GUJ. SMALL INDS. CORPN. 
9 
This writ petition under Article 32 of the Constitution has been filed A 
~ 
challenging the validity of the Resolution dated August 29, 1987 
--( 
.... 
whereunder the respondent-Corporation had resolved to implement the 
roster system and promotion of Scheduled Caste and Tribes employees as 
per the directives and Resolution of the Gujarat Government on January 
31, 1976 to give effect to the· policy of reservation in promotions in all B 
Class-I, Class-II and Class-III posts in grades or services in which the 
element of direct recruitment, if any, does not exceed 50%. The decision 
on the fitness or unfitness of an officer would be taken by the Departmental 
Promotion Committee which would be constituted by the Departments. A 
100 point roster as per percentages of reservation for Scheduled Castes 
and Scheduled Tribes, to determine the number of vacancies reserved in a c 
year would be followed. According to the points in the roster, if there are 
any vacancies reserved for each of the two classes mentioned, separate lists 
Would be drawn up of the eligible candidates for each of these categories 
and general candidates and arranged in order of their inter-se seniority in 
the main list. The Scheduled Castes and Scheduled Tribes employees 
should be adjudged by the Departmental Promotion Committee separately D 
~ 
in regard to their fitness. In paragraph 4 of the Resolution, it was stated 
that these orders would take effect from January 1, 1976. 
On April 30, 1984, the respondent-Board passed a Resolution that E 
in Article 16( 4) and Article 335 of the Constitution provision has been 
made for backward classes for appointment and, therefore, there should 
be no difficulty in providing reservation in appointment to posts to giy,e the 
benefit to the backward classes; and that the percentage of reservation as 
is kept in the Government service would be applicable to the Corporation. 
As per the orders of the Board, for every type of recruitment at every stage F 
.... 
or service or place, a separate roster register, as per the prescribed format, 
is to be kept. The Board had given orders for filling up the posts as per 
the percentage for Scheduled Castes and Scheduled Tribes. But for intro-
duction of roster system in the direct recruitment or promotion the Cor-
poration had not yet issued any orders. The Corporation, therefore, 
G 
resolved to give effect to the objectives of the Government and authorised 
the Managing Director to follow the roster system scrupulously as per the 
~ 
directions of the Government in IMPD, vide letter dated September 29, 
~-
1983 for class-I to
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