LexSTATE OF ORISSA versus SANGRAM DAS
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STATE OF ORISSA
v.
SANGRAM DAS
JANUARY 2, 1995
[K. RAMASWAMY AND N. VENKATACHALA, JJ.]
Service Law : Orissa Rese1vation of Vacancies in the Post of Service
(for S.C. & S.T.) Act, 1975-Section-7 -Recmitment in excess of 50% of
Reservation for S. C. & S. T. treating the vacancies vacant for S. C. to be excess
of 50% under the provisions, where there was no recruitment for several
years-Held : illegal.
A
B
c
Respondent and another were competing candidates for the post of
Assistant Law Officer in the State of Orissa. The post was filled up by a
candidate selected on merit. When another post became vacant respondent
approached Administrative Tribunal, se~king a direction to appoint him D
in that post. The Tribunal allowed the petition by its order dated 27.4.1992,
directing the Appellant to appoint the-.iRespondent in a regular vacancy.
The appellant carried the matter on appeal to this court and. this court
dismissed the appeal.
Thereafter respondent filed a Contempt Petition for implementation
of the order of Tribunal and the Tribunal by its order dt. 13.5.94 directed
the State to appoint the respondent in the resultant vacancy. Hence this
appeal by State.
Allowing the appeal, this Court
HELD : 1. As per the provisions of Orissa Reservation of Vacancies
in the Post of Service (for S.C. & S.T.) Act, 1975 when a general recruit·
ment is sought to be made, the rule of reservation shall be applied for and
notification be issued calling the candidates from reserved quota to apply
for recruitment. If no candidates is recruited or found eligible in terms of
the provisions of the Act, the reserved vacancy should be carried forward
.A.
for three recruitment years. In the recruitment year in question if the
reserved vacancies exceed 50% then the resultant excess vacancies would
E
F
G
be de-reserved throwing open to the general candidates and the excess
vacancies should be forwarded for future recruitment. In other words, at H
1
2
SUPREME COURT REPORTS
[1995] 1 S.C.R.
A
each recruitment year, attempt shall be made to notify the reserved vacan-
cies for recrµitment. In case the candidates are not available nor are found
suitable, then the question of carrying {onvard would arise. [3-F-H]
B
2. In the instant case it could be seen that there was no recruitment
till 1990; therefore the question of carry fonvard of the reserved vacancies
for SC & ST did not arise. [4-B)
3. It is seen that a general candidate was temporarily appointed
otherwise than according to rules. Therefore the Government have to
consider the case of the respondent in that temporary vacancy. Under the
C circumstances, the appellant is directed to consider the case of the respon-
dent for appointment in the temporary vacancy till the regular vacancy of
a general candidate arises and then to consider his case. He cannot at
present be treated to be a regular candidate and seek for consequential
benefits. [ 4-C]
D
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 103 of
1995.
From the Judgment and Order dated 13.5.94 of the Orissa Ad-
ministrative Tribunal in O.A. No. 80 of 1991.
E
N.S. Hegde and Raj Kr. Mehta for the Appellant.
Janaranjan Das for the Respondent.
The following Order of the Court was delivered :
F
Leave granted.
Heard counsel for the parties.
For recruitment made to a post of Assistant Law Officer in the State
G of Orissa, the respondent and another were competing candidates. The
post was filled up by a candidate selected on merit. When another post
became vacant, the respondent filed C.A. No. 80/91 in the Administrative
Tribunal, Orissa seeking issuance of a direction to appoint him in that post.
The Tribunal by its order dated April 27, 1992 allowed the petition and
directed the appellant to appoint the respondent in a regular vacancy. The
H appellant carried the matter in appeal in C.A. No. 8626/92 and this Court
:.
STATEOFORISSAv. S. DAS
3
dismissed the appeal. Thereafter, the respondent filed a contempt petition A
for direction to implement the order passed by this Court. The Tribunal in
the impugned order dated 13.5.94 directed to appoint the respondent in
the resultant vacancy. Thus this appeal.
It is not in dispute that the State of Orissa made the Orissa Reser-
B
vation of Vacancies in the post or Service (for SC & ST) Act, 1975. Section
7 of the Act provides that if in any recruitment year, the number of
candidates either from Scheduled Castes or Scheduled TrExcerpt shown. Read the full judgment & AI analysis in Lexace.