UNION OF INDIA AND ORS. versus SHANTIRANJAN SARKAR

Citation: [2009] 1 S.C.R. 242 · Decided: 13-01-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed

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Judgment (excerpt)

[2009] 1 S.C.R. 242 
A 
UNION OF INDIA AND ORS. 
v. 
SHANTIRANJAN SARKAR 
(Civil Appeal No. 103 of 2009) 
B 
JANUARY 13, 2009 
[S.B. SINHA AND J.M. PANCHAL, JJ.] 
Service law: Appointment - Scheduled Caste - Held: 
Member of Scheduled Caste, notified in any of the States 
c within the territories of India, having regard to the provisions 
contained in Article 341 of Constitution, is entitled to get the 
benefit of the said status for the purpose of entering into 
Central Civil service - On facts, respondent was Scheduled 
Caste - He was not appointed because of a mistake 
D committed on part of authorities - Delay in filing original 
application would not be bar in granting him equitable relief 
- Union of India as a benevolent litigant cannot be permitted 
to take advantage of its own wrong - Constitution of India, 
1950 - Article 341 - Equity- Delay and /aches. 
E 
Government litigation: Suppression of material facts -
Union of India in its list of dates, did not state that the original 
order of the High Court was recalled and reviewed by Division 
Bench of the said Court - Held: They are guilty of 
F 
suppression of material facts. 
Respondent applied for the post of Postman/Mail 
Guard and appeared in the examination held in 1997. No 
one qualified in the said examination. Subsequently, 
some other· examinations were also held in which the 
G respondent participated. Respondent was a member of 
scheduled caste. He filed several representations before 
the various authorities contending that his candidature 
-y 
was not considered despite the fact that he obtained 
more than 30% of marks which was cut off mark for the 
H 
242 
UNION OF INDIA AND ORS. v. SHANTIRANJAN SARKAR 243 
members of scheduled castes/ tribes. There was no A 
# 
response to the said representations. He filed original 
application, which was dismissed on the ground of 
limitation and also on merit. 
Aggrieved respondent filed writ petition which was 
B 
initially dismissed on 9.7.2004. However, a review 
application filed was allowed on 30.11.2004. On 11.4.2005, 
High Court allowed the writ petition. 
In appeal to this Court, appellants contended that the 
High Court failed to take into consideration that the c 
respondent failed to pass the tests held in 1997 and 
furthermore, appeared in the subsequent examinations, 
had no right to be appointed and no direction for his 
appointment in the Post of Peon or Group 'D', thus, could 
be issued; and that respondent having applied against D 
the vacancy in the 'OC' category and not in the category 
of 'Scheduled Caste', it was obligatory on him to obtain 
the qualifying marks of 45% which he failed to obtain. 
Dismissing the appeal, the Court 
E 
HELD: 1. The fact that the respondent is a member 
of Scheduled Caste is not in dispute. His name figured 
at S.No. 124 of the seniority list of Oak Sevakas in A & N 
Islands Divisions, Port Blair. It has not been denied that 
in Central Administrative Services, a person belonging to 
F 
Scheduled Caste in any State would be deemed to be a 
member of the Scheduled Caste. Respondent, therefore, 
I 
should have been treated to be a member of 'Schedule 
Caste' for the purpose of consideration of his 
candidature. [Para 10) [247-F-G] 
G 
2. The High Court in its impugned order categorically 
held that the appellants at no point of time denied that the 
respondent had obtained marks more than 30% but less 
than 45%. The High Court furthermore noticed that the 
H 
244 
SUPREME COURT REPORTS 
[2009] 1 S.C.R. 
A notification dated 9.06.1989 issued by the Director of 
Postal Services in categorical terms stated that his status 
of the Scheduled Castes should be accepted and 
recognized in the department examination. A member of 
Scheduled Caste, thus, notified in any of the States within 
B the territories of India, having regard to the provisions 
contained in Article 341 of the Constitution, was entitled 
to get the benefit of the said status for the purpose of 
entering into Central Civil service. The High Court 
furthermore rightly held that as a member of the · 
c Scheduled Caste, the respondent was entitled to the 
benefit of the lower percentage of marks, viz., 30% in the 
departmental examination for promotion from the post of 
Extra-Departmental Mail Guard to the Post of Peon or 
Group 'D'. If thus, for the reasons known to the 
0 respondent that he was entitled to the benefit of the status 
of the Scheduled Caste in the Andaman and Nicobar 
Islands, irres

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