LexR.K. SABHARWAL AND ORS. versus THE STATE OF PUNJAB
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\ R.K. SABHARWAL AND ORS. v .• THE STATE OF PUNJAB FEBRUARY 10, 1995 [KULDIP SINGH, S. MOHAN, M.K MUKHERJEE, B.L. HANSARIA AND S.B. MAJMUDAR, JJ.] Service La~jab Service of Engineers Class 1 P. W.D. (LB) Rules 1964. A B c Reservation of post for SC/ST/backward candidates-Roster system· relevency in reservation of postr-Where roster is in the f onn of running account, on yearly basis, once posts are filled up initially on that basis, the percentage of reservation is achieved and so roster need not be continued thereafte.,....:Vacancies arising after initial posts in the cadre are to be filled up only by persons belonging to the same category to which the retiring person D belonged/the category to which the post belonged in the roaste.,..._State may cany forward the post on non-availability of reserve candidate-Right to be considered for appointment to a post is only in relation to the number of posts which form tlte cadre strength-Reservation of posts to be related to cadre strength. E Words and phrases-Post', 'V~cancy', 'Running account', 'Cadre strength'-Meaning of-In the context of service jurisprudence. Both the Writ petitioners and the respondents were Engineers work· · Ing for the Irrigation Department or the Government or Punjab, thaugh p the petitioners belong to the general category and the respondents to the reserved category of SC/ST. As per Government instructions, there is 14% reservation for SC and 2% for backward classes for promotion within and to Class I and D, subject to the condition that the candidate has minimum necessary qualifications and a satisfactory record. Thus in a lot of 100 vacancies occurring from time to time, certain serial numbers were G reserved for SC and certain other numbers for backward classes. A roster w,as to be kept and implemented in the form of a running account from year to year. The relevant Rules also laid down other eligibHity conditions like the number of years of service in the post etc. though the Government could waive these after recording reasons. The Writ petition challenges H 35 36 SUPREME COURT REPORTS (1995] 2 S.C.R. A ttils reservation policy. . I It was the case of the petitioners that they were already working as Executive Engineers when the respondents were promoted superceding several persons. They submitted, inter alia tbat there should be a nexus between the object of the reservation and the mechanism used to promote B the same. To arrive at the reservation figure, both the number of reserve persons in the general category as well as in the reserved posts should be counted. Once a post falls vacant, after tlie initial posts are filled up on the basis of the roster, then such posts are to be tilled up only by the category of person who were occupying the said post. The petitioners relied C on Joginder Singh Sethi and Others v. Punjab Government and Others, (1982) 2 SLR307. Disposing the Writ petition, this Court HELD : 1. Despite any number of appointees/promotees belonging D to the backward classes against the general category of posts the given percentage has to be provided in addition. The prescribed percentage cannot be varied or changed simply because some of the members of the backward classes have already been appointed/promoted against the general seats. [44-C. 43-H] E 2. The 'running account' is to operate only till the quota pr.ovided under the impugned instructions is reached and not thereafter. Once the prescribed percentage of posts is filled the numerical test of adequecy is satisfied and thereafter the roaster does not survive. (45-A] F 3. The percentage of resrvation is the desired representation of the backward classes in the State services and is consistent with the demographic estimate based on the proportion worked out in relation to their population. When a percentage of reservation is faxed in respect of a .. particular cadre and the roaster indicates the reserve points, it bas to be I,. taken that the post shown at the reserve poinsts are to be filled from ---,._, G amongst the members of reserve categories and the candidates belonging to the general category are not entitled to be considered for the reserve posts. On the other hand the reserve category candidates can compete for non-reserve posts an_. in the event of their appointment to the said post their nuniber cannot be added and taken into consideration for working ff. out the percentage.of
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