STATE OF PUNJAB versus HIRALAL & ORS.

Citation: [1971] 3 S.C.R. 267 · Decided: 18-12-1970 · Supreme Court of India · Bench: J.C. SHAH · Disposal: Appeal(s) allowed

Cited by 5 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

A 
STATE OF PUNJAB 
v. 
IDRALAL & ORS. 
December 18, 1970 
267 
B 
[J. c. SHAH, C.J., K. s. HEGDE AND A. N. 6ROVER, JJ.] 
c 
D 
E 
F 
Constitution of India, Art. 16(1) & (4)-Reservation for backward 
classes made applicable -~o initial appointments as well as promotions-
Validity of. 
The appellant-State issued an Order according to which reservation 
of posts for Scheduled castes, tribes and backward classes was 
made 
applicable not only to initial recruitment but also to promotions. 
Res-
pondents I and 3 were in the State Government service and the former 
was the senior. 
~ut since the latter belonged to a scheduled caste he was 
promoted over the first respondent as per the Order, The High Court 
quashed the promotion on the basis that such reservation might lead to 
various anomalies. 
In appeal to this Court, 
HELD : Article 16( I) provides for equality of opportunity to all 
citizens in relation to appointment to any office in the service of the State 
subject to the exception in Art. 16(4) that the State may make reser· 
vations in favour of backward classes. The reservation contemplated by 
Art. 16( 4) can be made not merely to initial recruitment but also to posts 
to •which promotions 
are to be made. 
Every such reservation 
under 
Art. 16( 4) does introduce an element of discrimination and promotion 
of junior officers over seniors; but the Constitution makers thought fit, in 
the interest& Of 
society as a whole, that backward classes should be 
afforded some 
protection. If, 
however, the reservation 
u"der . Art. 
16(4) makes the rule in Art. 16(1) meaningless, the decision of the State 
w<iuld be open to judicial review; but the burden of establishing that a 
particular reservation is offensive to Art, 16(1) is on the person who· 
takes the plea. [271 C, E, 272 D-0, 273 D-FJ 
In the present case, there was no material from which it could be 
concluded that the impugned Order violated Art. i 6( I). The reserva· 
tion could not be struck down on hypothetical grounds or on imaginary 
possibilities. [273 H] 
General Manager, Southern Railway v. Ran11achari, [1962] 2 S.C.R. 
586 and A. Peeriakaruppan etc. v. State of Tamil Nadu, [1971] 2 S.C.R. 
G 
430, followed. 
H 
CIVIL APPELLATE J'-IRISDICTION : Civil Appeal No. 1218 of 
1968. 
Appeal from the judgment a11d order dated November 29,' 
1966 of the Punjab High Court in Civil Writ No. 271 of 1966. 
M. C. Setalvad and R. N. Sachthey, for the appellant. 
The respondent did not appear. 
SUPREME COURT REPORTS 
[1971] 3 S.C.R. 
The Judgment of the Court was delivered by 
A 
Hegde, J.-On September 12, 1963, the Government of 
.Punjab passed the following order : 
"Subject :-Reservation for the members of Sche-
duled Castes, Scheduled Tribes and Backward Classes 
in promotion cases. 
B 
Sir, 
I am directed to refer you to the subject noted 
above and to say that at present .reservation for. Sche-
duled Castes, Scheduled Tribes and other Backward 
Classes is appiicable to new appointments and not to 
promotions which are governed by consideration 
of 
merit and seniority alone. 
Since those castes/cla.Sses 
are poorly represented in various services in the upper 
grades under the State Govt. it has been under the active 
consideration of Government that some reservation in 
higher grade posts as well should be made for them. 
It has now been decided that except in the case of All 
India Servic~s 10 per cent of the higher posts to be filled 
by promotion should be reserved for the members of 
Schedt• led Castes, 
Scheduled Tribes and 
Backward 
Classes 
(9 per rent for the members of Scheduled 
Castes and Scheduled Tribes and 1 per cent for the 
Backward Classes) subject to the following conditions : 
(a) the persons to be considered must possess the 
Minimum necessary qualification; and 
(b) tl1ey should have at least a 'satisfactory rer.ord 
of service." 
Up till that date reservation for Scheduled Castes. Scheduled 
Tribes and Backward Classes was confined to initial recruitment. 
The first out of r-very five initial recruitments was reserved for 
Scheduled Castes, Scheduled Tribes or other Backward Classes. 
On fanuary 14, 1964, the Government clarified its order 
dated September 12, 1963. In this case we are not concerned 
with the first paragraph of that clarification. The second para-
graph of that clarification reads thus· : 
"Government have si nee been receiving references 
from several quarters seeking clarification in regard 
to the 
implementation o

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