LexPOSTGRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH versus FACULTY ASSOCIATION AND ORS.
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... POSTGRADUATE INSTITUTE OF MEDICAL EDUCATION AND A RESEARCH, CHANDIGARH v. FACULTY ASSOCIATION AND ORS. APRIL 17, 1998 [S.C. AGRWAL, G.N. RAY, DR. A.S. ANAND, S.P. BHARUCHA ANDS. RAJENDRA BABU, JJ.] Service Law : Reservation-SC, ST and OBC-Single post cadre-Roster- Applicability-Held: There cannot be any reservation in a single post cadre either directly or by device of rotation of roster-Contrary decision in some previous cases, overruled-Plurality of posts essential for reservation. Constitution of India, 1950 : B c D Articles 16(4) and 16(4A)-Reservation-Backward Classes-Special provisions for-Held: There must be a balance in the matter of appointments between reserved and general classes-In making reservations for bakward classes, the State cannot ignore the fundamental rights of the general candidates-Therefore, special provision under Art. 16(4) must strike a E balance between several relevant considerations and proceed objectively-- Hence, reservations cannot exceed 50%- Articles 16(1), (2) & (4)-Scope of -Held: Art. 16(4) is not an exception to Arts. 16(1) and 16(2) but an instance of classification permitted by Art. 16(1)-Equality of opportunity under Art. 16(1) is to be reconciled with concessions in favour of backwara· classes under Art. 16(4) in such a manner that the latter while serving the F cause of backward classes, do not unreasonably encroach upon the field of equality. Article 13 7-Supreme Court judgment-Review of-Decision rendered on incorrect appreciation of law-Review allowed by a larger Bench- Supreme Court Rules, 1966-Code of Civil Procedure, 1908, 0.47 R.1- G Practice and Procedure. The appellants have filed the present review petition against the decision rendered by a three-Judge Bench of this Court in Post Graduate Institute of Medical Education and Research v. K.L Narashimhan, CA No. 3175 of 1977 decided on 2-5-1997. H 845 846 SUPREME COURT REPORTS [1998] 2 S.C.R. A The question before this Contitution Bench was "Whether in a single B cadre post, reservation for the backward classes, namely, Scheduled Castes, Scheduled Tribes and Other Backward Classes can be made either directly or by applying rotation of roster point". Allowing the appeal, this Court. HELD : 1.1. In a single post cadre reservation at any point of time on account of rotation of roster is bound to bring about a situation where such a single post in the cadre will be kept reserved exclusively for the members of the backward classes and in total exclusion of the general members of the public. Such total exclusion of the general members of the public and cent C percent reservation for the backward classes is not permissible within the constitutional framework. 1868-F-G) 1.2. Hence, until there is plurality of posts in a cadre, the question of reservation will not arise because any attempt of reservation by whatever means and even with the device of rotation of roster in a single post cadre D is bound to create 100% reservation of such post whenever such reservation is to be implemented. The device of rotation of roster in respect of single post cadre will only mean that on some occasions there will be complete reservation and the appointment to such post is kept out of bound to the members of a large segment of the community who do not belong to any reserved class, but E on some other occasions the post will be available for open competition when in fact on all such occasions, a single post cadre should have been filled only by open competition amongst all segments of the society. [868-H; 869-A-B) 1.3. The view taken in Chakrdhar's that there cannot be any reservation in a single post cadre is approved. The decisions in Madhav's case, Brij Lal F Thakur's case and Bageswari Prasad's case, upholding reservation in a single post cadre either directly or by the device of rotation of roster point are not approved. Accordingly, the impugned decision in Post Graduate Institute of Medical Education and Research v. K.L. Narashimhan, CA No. 3175 decided on 2-5-1997 cannot also be sustained. It is, therefore, set aside. 1869-D-E] G 1.4. There is need for reservation for the members of the Scheduled Castes and Scheduled Tribes and Other Backward Classes and such reservation is not confined to the initial appointment in a cadre but also to the appointment in promotional post. It cannot however be lost sight of that in the anxiety for such reservation for t
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