Supreme Court Allows Appeal by Telecom Department in Reservation Promotion Dispute. Departmental Review Committee's Power to Grant Grace Marks to SC/ST Candidates Upheld Under Circular DGP&T No. 26/27/81 (SAN-1) Dated 4.5.81; Carry Forward Not Required When Review Finds Candidates Suitable.

Case Note & Summary

This appeal by special leave arose from an order of the Central Administrative Tribunal, Ernakulam Bench dated March 8, 1996 in O.A. No. 157/96. The petitioner was the Chief General Manager, Telecom Kerala Circle, Trivandrum, and the respondents were general category candidates who challenged promotions of Scheduled Caste and Scheduled Tribe candidates to the post of Junior Telecom Officer. The dispute concerned reservation in promotion: 15% of posts were reserved for promotion, and out of 54 available posts under that quota, 43 were earmarked for general candidates, 9 for Scheduled Castes, and 4 for Scheduled Tribes. The competitive examination results were declared on February 3, 1995, and some SC/ST candidates failed to secure the requisite marks, making them initially ineligible for promotion. Subsequently, a Review Committee of three senior departmental officers was constituted. It considered the confidential reports and overall performance of these failed SC/ST candidates, awarded them relaxation of marks and grace marks, and declared them eligible. Appointments were made by proceedings dated June 23, 1995. The respondents challenged these promotions before the Tribunal, contending that the Government had no power to review the selection. The Tribunal accepted this contention and held that while the Government could carry forward the vacant posts for future recruitment, it could not review the selection and make appointments. The appellant then approached the Supreme Court by special leave. The core legal issue was whether the Government possessed the power to review the selection of SC/ST candidates for promotion after they failed to meet the general qualifying standards, or whether it was required to carry forward the unfilled reserved vacancies. The appellant relied on Government Circular No. DGP & T No. 26/27/81 (SAN-1) dated 4.5.81, particularly paragraph 11.1, which stated that in examinations where the required number of SC/ST candidates have not acquired the general qualifying standards, their cases should be reviewed on the basis of confidential reports and overall performance in the examination by a committee of senior officers, so as to assess their suitability or unsuitability. The Supreme Court examined this circular and found that it expressly authorized such review. The Court noted that in the present case, a committee of three senior officers was appointed; it considered previous records and performance in the examination, granted relaxation of marks and awarded grace marks, and on that basis, the candidates became qualified. The Court held that this was done after considering overall confidential reports and performance, and therefore the Government was within its power to review the selection and declare the SC/ST candidates eligible for promotion. The Court clarified that the necessity to carry forward vacancies would arise only where the Review Committee considered the candidates and found them not qualified for three recruitment years. The Court also observed that although the general category respondents had secured higher percentages of marks than the SC/ST candidates, that was not the correct way to consider reserved category cases, as reservation benefits are intended to provide separate consideration. Consequently, it was not necessary for the Government to carry forward the unfilled vacancies and fill the vacant posts with general candidates. The Supreme Court allowed the appeal and set aside the Tribunal's order, but imposed no costs.

Headnote

Issue of Consideration

Final Decision

The Supreme Court allowed the appeal, set aside the order of the Central Administrative Tribunal, and held that the Government was within its power to review the selection and declare SC/ST candidates eligible for promotion. The appeal was allowed without costs.

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