JAGJIT SINGH versus STATE OF PUNJAB

Citation: [1978] 3 S.C.R. 547 · Decided: 28-03-1978 · Supreme Court of India · Bench: V.R. KRISHNA IYER · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

; 
' 
JAGJIT SINGH 
v. 
STATE OF PUNJAB 
March 28, 1978 
S47 
[V. R. KRISHNA IYER, JASWANT SINGH AND V. D. TULZAPURKAR, JJ.] 
Service matter-Punjab Civil Service (Executive Branclt)-One out of six 
posts for each year reserved for Scheduled Castes candidates-Appellant, a 
Scheduled Caste candidate placed third in merit list of Scheduled Castes candi-
dates-One of the two candidates resigned a year after appointment-Appellant 
laid claim for resultant vacancy-If could be appointed-State Government 
Circular-Scope e~plained. 
Ih each of the two years of 1971 and 1972 there were six vacancies in the 
Punjab Civil Service (Executive Branch). 
To select eligible candidates for 
these 12 vacancies in the Punjab Civil Service and other vacaricies in the allied 
services, after completion of the requisite formalities the State Service Com~ 
lnission held the competitive examination called the Punjab Civil Service and 
Allied Services Examination in December 1972-January, 1973. 
In the said 
examination, the appellant secured third place in the merit list of Scheduled 
Castes candidates. 
Since only two posts, one each for the years 1971 and 
1972 on the basis of 20% quota reservation for Scheduled Castes candidates, 
\Vete available in the Punjab Civil Service (Executive Branch) the appellant 
could not be ap11ointed. 
In June, 1974 when one of the selected candidates 
had resigned his post, the appellant on the basis of the State Government circular 
dated March 6, 1961, laid claim for being appointed 
against the resultant 
vacancy. 
But the State. Government rejected his claim. 
The High Court dismissed his petition under Art. 226 on the ground that 
the State Government did not choose to fill up the vacancy on an ad hoc 
basis and since the merit list for the years 1971 and 1972 stood exh1:1usted 
and a fresh competitive examination was held to fill up the· vancancies available 
for the years 1973 and 1974, persons borne on the previous years' lists had 
no righ_t, to be af)pointed against the vacancy occurring thereafter. 
Allowing the appeal to this Court, 
HELD : 1. The resultant vacancy caused by the resignaton of one of the 
Scheduled Castes candidates should have gone to the appellant who was entitled 
to it both on the basis of merit and the policy statement contained in the 
Government circular as well as on the fact that no competitive examination 
afl been held by the Commission between 1972 and the end of 1974. 
[557 Ci-H, 
52 Al 
E 
2. The statutory rules relating to reservation of vacancies cannot operate 
F' 
aS impediment i_n the way of the appointment of the appellant as it would by 
no means increase the number of the two posts reserved by the Government 
itself for members of Scheduled Castes during the relevant year. The instruc~ 
t.ions contained in the circular not only deprecate the then existing practice 
according to which in cases of termination of the services of a Government 
servant belonging to 
Scheduled 
Castes/Tribes and 
backward 
classes, the 
resultant vacancy was included in the normal pool of vacancies to be filled up 
in <:ccordance with the block system and characterise it as repugnant to the 
dominant idea of giving due representation to the members of Scheduled Castes/ 
G 
Tribes are terminated, the resultant vacancy should not be included in the normal 
pool of vacancies to be filled u,p in accordance with the block_ systen1 but shoulJ 
be filled up on an ad hoc basis from the: candidates belonging to those castes. 
The intention of the Government was that the posts vacated should remain 
earmarked and be filled up by the members belonging to those castes only. 
[551 D·Fl 
CNIL APPELLATE JURISDICTION: Civil Appeal No. 2962 of 1977. 
(Appeal by Special Leave from the Judgment and Order 3-9-1976 
H 
of the Punjab & Haryana High Courts in Civil Writ Petition No. 2504 
of 1975). 
548 
SUPREME COURT REPORTS 
[l978] 3 S.C.R. 
A 
M. R. Agnihotri and P. C. Bhartari for the Appellant. 
B 
S. K. Mehta and K. R. Nagaraja for the Respondent. 
The Judgment of the Court was delivered by 
JASWANT SINGH, J. This appeal by special leave is directed 
against the judgment. and order .dat.ed. Septembe~ 3, .1?76 
of the 
Punjab & Haryana High Court d1srmssmg the wnt petition No. 2504 
of 1975 filed by the appellant under Articles 226 and 227 of the 
Constitution. 
The circumstances leading to this appeal are : . Six vacancies in 
the Punjab Civil Service (Executive Branch) having occurred in the 
yea

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