Case Note & Summary
The petitioner, a practising advocate of more than 21 years' standing belonging to the Scheduled Caste, applied in 1985 for the post of Additional District & Sessions Judge in the Delhi Higher Judicial Service against an advertisement for four vacancies, two general, one Scheduled Caste, one Scheduled Tribe. He was placed at serial number 2 on the select panel of three Scheduled Caste candidates, but the Scheduled Tribe vacancy was kept unfilled and he was not appointed. Subsequent vacancies arose but he was not appointed. He filed a writ petition in the Delhi High Court, which a Full Bench dismissed, holding he was not entitled to appointment. The petitioner challenged this by special leave petition. The background involved roster points and carry forward of reservation: in 1979 a single vacancy at roster point 4 reserved for Scheduled Tribe was treated as unreserved and filled by a general candidate; the reservation was carried forward. In 1981 and 1983, the Scheduled Tribe vacancy remained unfilled and was carried forward. In 1985, the reservation meant for Scheduled Tribe was being advertised for the third time. The petitioner contended that under Paragraph 11.2 of the Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services, exchange of reservation between Scheduled Castes and Scheduled Tribes is permissible where a vacancy could not be filled even in the third year to which the reservation is carried forward, and 1985 was the third recruitment year. The Supreme Court found considerable merit in this contention but noted that the petitioner had by now attained the age of fifty years and had accepted that it would not be appropriate to appoint him as Additional District Judge, and he would be content if his stand is vindicated. Accordingly, the Court passed no order on the special leave petition and disposed of it. The judgment did not decide the legal issue on merits but acknowledged the petitioner's argument.
Headnote
A) Reservation Law - Exchange of Reservation between Scheduled Castes and Scheduled Tribes - Third Year Carry Forward - Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services, Paragraph 11.2 read with Note (1) to Paragraph 11.1 - The petitioner, a Scheduled Caste advocate on the select panel, contended that 1985 was the third recruitment year for a carried forward Scheduled Tribe vacancy and that exchange of reservation with Scheduled Caste was permissible; the Supreme Court observed there was considerable merit in this contention but did not decide because petitioner had attained age 50 and accepted it would not be appropriate to appoint him. Held that no order was passed on the special leave petition (Paras Not mentioned). B) Procedural Law - Disposal of Special Leave Petition - Mootness due to Age - Supreme Court Rules (not specifically cited) - The petitioner had attained fifty years and accepted that appointment would not be appropriate; he sought only vindication of his stand. The Court disposed of the special leave petition without passing any order, thereby not ruling on merits. Held that the special leave petition was disposed of (Paras Not mentioned).
Issue of Consideration
Whether in 1985, being the third recruitment year for a carried forward vacancy meant for a Scheduled Tribe candidate, the reservation could be exchanged for a Scheduled Caste candidate under Paragraph 11.2 of the Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services, and whether the petitioner was entitled to appointment.
Final Decision
The Supreme Court disposed of the special leave petition without passing any order because the petitioner had attained the age of fifty years and accepted that it would not now be appropriate to appoint him as an Additional District Judge; he was content if his stand was vindicated. The Court observed there was considerable merit in the petitioner's contention regarding exchange of reservation in 1985 but did not examine it further.
Law Points
- Exchange of reservation between Scheduled Castes and Scheduled Tribes permissible only for reservations carried forward to third and subsequent year of recruitment
- single vacancy at reserved roster point treated as unreserved in initial year and reservation carried forward to subsequent three years
- recruitment year means calendar year for purposes of three-year carry forward limit.
