I - On Reservation

S. Rajendran, Appellant v. Union of India and others, Respondents.

SUJATA V. MANOHAR AND D.P. WADHWA, JJ.

Constitution of India, Articles 15, 16 – Brochure on "Reservation for Scheduled Castes and Scheduled Tribes in Services" issued by Government of India -Promotion - Single vacancy in post of Deputy Superintendent of Jails - Reserved vacancy for Scheduled Castes candidates - No suitable candidate available - De-reservation of post refused by Government - Post filled up on ad hoc basis by appointment of general category candidate – Reserved vacancy required to be carried over for three subsequent years after which it would lapse, in view of Brochure issued by Government - Appointment of Scheduled Caste candidate when he became available, before reservation would lapse - Legal - Claim for regularisation of services by ad-hoc appointee - Rightly rejected.                                  (Source: AIR 1998 Supreme Court 1713)

II

Post-Graduate Institute of Medical Education and Research, Chandigarh, Appellant v. Faculty Association and others, Respondents.

S.C. AGRAWAL, G.N. RAY, Dr. A.S. ANAN BHARUCHA AND S. RAJENDRA BABU, JJ.

Constitution of India, Articles 15(4), 16(4) – Single post - Cannot be reserved - Neither directly nor by device of rotation of roster points.

In a single post cadre, reservation at any point of time on account of rotation of roster is bound to bring about a situation where such single post in the cadre will be kept reserved exclusively for the members of the backward classes and in total exclusion of the general members of the public. Such total exclusion of general members of the public and cent per cent reservation for the backward classes is not permissible within the constitutional framework ... In making reservations for the backward classes, the State cannot ignore the fundamental rights of the rest of citizens. The special provision under Article 15(4) must, therefore, strike a balance between several relevant considerations and proceed objectively. The doctrine of equality of opportunity in Clause (1) of Article 16 is to be reconciled in favour of backward classes under Clause (4) of Article 16 in such a manner that the latter while serving the cause of backward classes shall not unreasonably encroach upon the field of equality.

Constitution of India, Article 165(4A) - Scope -Article 16(4A) deals with reservation in promotional post - Does not deal with question of reservation in a single cadre post. (Source: AIR 1998 Supreme Court 1767)