LexTHE SCHEDULE CASTES AND SCHEDULED TRIBES OFFICERS WELFARE COUNCIL versus STATE OF UTTAR PRADESH AND ANR.
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• A THE SCHEDULE CASTES AND SCHEDULED TRIBES OFFICERS' WELFARE COUNCIL v. STATE OF UTTAR PRADESH AND ANR. B SEPTEMBER 19, 1996 [K. RAMASWAMY, FAIZAN UDDIN AND G.B. PATTANAIK, JJ.] Se1vice Law : C U.P. Regulation of Ad hoc Appointment (On Posts Within 171e PwvieWi Of The Public SelVice Commission) Rules 1979: Provincial Medical Health services-Reservation in pri.01110- tion-Promotion· to posts of Deputy Chief Medical Officer, Chief Medical Officer Additional Director, Director-Fixing minimum length of ser- D viCl--Memorandum dated July 28, 1986 increasing the minimum length of se1Vice-ln view of the new C1ite1ia three officers be/ongiilg to S Cf ST were denied their entitlement to promotion as Chief Medical Officers and Joint Directors-ReselVation Policy should be strictly adhered to and not left to the whims of officers to introduce their own criteria contrary to the general E po/icy-Department not preparing separate list of general candidates, Schedule Castes and Scheduled Tribes in integrating the111 as per the roster prepared ~y the Govemment-Obviozisly it is an illegal procedure fallowed t<? deprive the officers belonging to SC, ST and Backward Classes in integrating their seniority according to rostef--Hence the Memo dated July 28, 1986 and all other i11cide11tal instructions issued i11 furtherance thereof are F quashed-Govemment to consider the cases of the three officers and all other eligible officers according to 1Ules in vogue from 1973 till the date of intro- ducing the offending ntles--If necessary to create supemumer01y posts i11 the respective vacancies to which the three officers are eligible to be co11sidered and promoted in accordance with the rules with all consequential G benefits-Directions issued. Constitution of India-A1ticle l6-Rese1vation in Promotion. Consumer Educatio11 & Research Centre & Ors. v. Union of India & Ors., (1995) 3 SCC 432; Dalmia Cement (Bharat) Ltd. & Anr. v. Union of H India & Ors. Etc., JT (1996) 4 SC 555; Mur/idhar Dayandeo Kesekar v. 544 SC/ST OFFICERS WELFARE COUNCIL v. STATE 545 Vishwanath Pandu Barde & Anr., [1995] Supp. 2 SCC 549; Bihar State A Electricity Board & Ors. v. Panneshwar Kumar Agarwala Etc. Etc., JT (1996) 5 SC 555; State of U.P. v. Dr. R.K. Tandon, [1995] 3 SCC 616 and State of U.P. & Ors. v. Dr. R.K. Tandon & Ors., JT (1996) 7 SC 174, relied on. Indra Sawlzney v. Union of India, [1992] Supp. 3 SCC 217, referred to. B "Constitutional Law of India" edited by M. H-idayatullah, former Chief Justice (Vol. II) at pages 294; Swami Vivekanand : Lecture entitled "The Before Us" ( 1897) published in "The Complete Works of Swami Viveka11a11d" (Vol. 3, p. 269 (1979 edn.) Swami Ranganathananda: "Enlightened Speeches" C (First Edition), 1985; "Law, Justice and the Philosophy of Man", by Swami Ranganathananda; Swami Ranganathananda "Social Responsibilities of Public Administration" an article in "The Responsible Society-17ie Ethos of which India Lacks Today" a commemorative volume to Justice V.S. Desh- pande, former Chief Justice of Delhi High Court; "Eternal Values for a Changing Society" by Swami Ranganathananda (1971-3rd Edn.) page 693, D SA. de Smith "17ie abuse of statutory powers; "Ultra vires breach of statutory duty" by Peter Cane, Fellow of Corpus Christi College, OJ..ford, published in Public Law Seties, 1981 p. 11; "Public Administration" by Pfiffner-presthus (4th Edn.) p. 550; "Responsibility in Government : Theory and Practice" by Herbert J. Spiro; "British Government and the Constitution-Test, Cases and E Materials" by Colin Twpin (Third Edition-1995) p. 315 & "The Nature and Destiny and Man" Vol. II (New York: Charles Scribner's Sons, 1948) pp. 266 561, referred to. CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 621 of 1987. F (Under Article 32 of the Constitution of India.) D.N. Goburdan, Ms. Pinky Anand and Ms. Geeta Luthra for the the Petitioner. R.C. Verma for Ashok K. Srivastava, A.K. Goel, Mrs. M. Qamarud- din and M. Qamaruddin for the Respondents. The following Order of the Court was delivered : G This writ petition under Article 32 was referred to a Bench of three H 546 SUPREME COURT REPORTS (1996) SUPP. 6 S.C.R. A Judges to decide an important question of constitutional dimension raised in this case. B c Admittedly, in the Health Department of Government of U.P. called Provincial Medical Health Services (for short, the 'Services') recruitment to the post of Doct
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