S. S. SHARMA & ORS. versus UNION OF INDIA & ORS.

Citation: [1981] 1 S.C.R. 1184 · Decided: 10-11-1980 · Supreme Court of India · Bench: V.R. KRISHNA IYER · Disposal: Dismissed

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Judgment (excerpt)

ll.184 
A 
S. S. SHARMA & ORS. 
v. 
UNION OF INDIA & ORS. 
Norembcr 10, 1980 
B 
[V. R. KRISHNAIYER, R. S. PATHAK & (). CHINNAPPA REDDY,, JJ] 
D 
E 
F 
G 
Central Secretariat Service Rules--Rule 12 sub-rule 2(a) and Central Secre-
tariat Service Grade 1 (Limited Department Competitive Examination for filling 
vacancies reserved for Scheduled Castes and Scheduled Tribes) Regu/ario11 1979-
Whether 
via/ate~ A1'ticle~ 14, 15 and 1i5 of the Constitution. 
The Central Secretariat Service (Amendment) Rules 1979 which inserted 
sub-rule (2a) below sub-rule (2) of Rule 12 of the Rules provided for the hold-
ing of a limited departmental competitive examination, including a st~tement 
of the conditions of eligibility .and indicating how the selection would take 
place on such examination. 
The next higher category in the Central Secretariat Servi~e above ·<he Sec-
tion Officers' Grade consists of Grade I posts. 
Recruitment to the Grade I 
posts are made under Rule 12 of the Central Secretariat Service Rules. 
For 
the purpose of such promotion a sefect list is prepared. 
Pursuant to a:-i office 
Memorandum issued by the Department on 20th July, 1974, 15% and 7;·% of 
the promotion posts stand reserved for Scheduled Caste and Scheduled Tribe 
candidates respectively. 
The petitioners were permanent Section Officers in the Central Secretariat 
Service and officiating as Under Secretaries in different Ministrfos. 
They along-
with several other officials were included in the field of selection for the purpose 
of drawing up the select list for the year 1977 for promotion :o Grade I posts. 
Twenty-seven vacancies reserved for members 
of the Scheduled Castes and' 
Scheduled Tribes, remained unfilled because no candidate.-belnnging to those 
categories was found suitable. 
For the purpose of filling those reserved vacan-
des, the Government of India decided to hold a limited departmental competi-
tive examination confined to members of the Scheduled Castes and Scheduled 
Tribes. 
The petitioners argued that (i) the reservation of vacancies fer member• of' 
the Scheduled Castes and Scheduled Tribes by the office Memorandum dated· 
20th July, 1974 was invalid (i:i) the newly enacted sub-rule (2a) of Rule 12, ht. 
the Central Secretariat Service Rules and the related regulations were invalid 
and the rule operated prospectively only and could not affect the 27. vacancies 
to be filled in the select list of 1977. 
The Respondents took a preliminary 
objection that it was not a contention raised in the writ petitions and should· 
not be allowed io be raised for, the first time by way of oral submission. 
Dismissing the petition, 
HELD : I. The entire scope of the petitions is limited to challenging the 
validity and application of the Central Secretariat Service (Amendment) Rules, 
1979 and the consequent regulations for holding a limited departmental compe-' 
H 
titive examination. 
No relief has been sought for quashing the Office :Merna-• 
randum dated 20th July, 1974. 
No ground has been taken in ,\he writ peti-
tions assailing the validity of the Office Memorandum. 
The Courts should 
... 
S: S. SHARMA V. UNION 
1185 
ordinarily insist on the parties being confined to their specific written pleadings 
and should not be permitted to deviate from them by way of modifica.tion or 
supplementation except through the well-known process of forwally applying 
for amendment. 
It is not that justice should be available to only those who 
approach the court confined in a straight jacket; but there is a pro~edure known 
to the law, and long established by codified practice and good reason, for seek· 
ing amendment of the pleadil}gs. [1189 D-F] 
If undue laxity and a too easy informality is permitted to enter the pro-
ceedings of a court, it will not be Jong before a contemptuous familiarity assails 
its institutional dignity and ushers in chaos and confusion undermining its 
effectiveness. [1189 F-G] 
Oral submission raising new points for the first time tend to do grave injury 
to a contesting party by depriving it of the opportunity, to which the principles 
of natural justice held it entitled. of adequately ' preparing 
its response. 
[1189 G-H] 
Whether or not reserved vacancies should be dereserved is a matter falling 
primarily "~thin the administrative discretion of the Government 
There is 
no ~ight in candidates seeking to fill vacancies belonging to the general category 
to insist on dereservation of reserved vacancies so long as i

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