Baburam, Appellant v. C.C. Jacob and others, Respondents

S. SAGHIR AHMD AND N. SANTOSH HEGDE, JJ.

Constitution of India, Article 16 /-Reservation - Quota rule - Decision in1995 AIR SCW 1371 laying down law that reservation is in relation to number of posts comprising in cadre and not in relation to vacancies - Clarified to be operative prospectively - Prospectivity was given only to see that status prevailing prior to judgement should not be disturbed - Decisions of Departmental Promotion Committee as well as appointing authority applying quota rule to vacancy given much prior to judgement in1995 AIR SCW 1371 - Order passed by Tribunal setting aside appointment by applying ratio laid down in said judgement - Erroneous. (Source: AIR 1999 Supreme Court 1845)