Case Note & Summary
The appeals arose from a common judgment of a Full Bench of the Punjab & Haryana High Court dated 23.8.1989 dismissing three writ petitions filed by appellants who were working in the Punjab Civil Secretariat and State Service Class-I. The appellants, belonging to general category, challenged the implementation of reservation policy in favour of Scheduled Castes and Backward Classes, alleging that reserved category members were holding posts in excess of their reservation quota, which was prejudicial to the appellants' chances of promotion. The dispute centred on whether appointments or promotions of reserved category candidates on merit or seniority against general posts should be counted towards the reserved quota, and whether such candidates could compete for general category posts. The State of Punjab had issued several Government Orders from 1949 onwards providing reservation for Scheduled Castes and later for Backward Classes, increasing percentages, and introducing a roster system. A Government Order dated 7.1.1980 clarified that Scheduled Castes/Backward Classes employees appointed or promoted against reserve points on merit/seniority should not be counted for reservation and that the reserve point should be carried over. In Joginder Singh Sethi v. Punjab Government, (1982) 2 SLR 307, the High Court had held such promotions void. In connected appeals, the Supreme Court passed an interim stay against reversion of already appointed persons while directing future appointments to be made according to the High Court judgment, subject to the result of the appeals. In Jaswant Singh v. Secretary to Govt. of Punjab, (1989) 4 SLR 257, the Full Bench overruled Joginder Singh Sethi and held that non-consideration of Scheduled Castes/Backward Classes for general posts violates Articles 14, 15 and 16; reserved candidates can compete for general posts; merit appointments are not counted for reservation; and roster points are seniority points. The excerpt also refers to the Constitution Bench decision in R.K. Sabharwal v. State of Punjab, (1995) 2 SCC 745, where similar questions were considered. That decision reiterated that reserved posts at roster points are to be filled from reserved categories, general category candidates are not eligible for reserved posts, reserved candidates can compete for non-reserved posts, their merit appointments are not counted for working out reservation percentage, and the given percentage of reservation must be provided in addition irrespective of the number of reserved category candidates holding general posts. The legal issues included whether reserved candidates could compete for general posts, whether merit appointments should be counted against reservation, whether roster points are seniority points, and whether exceeding the reservation percentage due to merit appointments is unconstitutional. The excerpt records that the Full Bench held that reservation exceeding the prescribed percentage due to merit appointments does not amount to unconstitutional reservation; 14% reservation for Scheduled Castes is not unreasonable; and reserved candidates cannot be deprived of their right to compete on merit. The provided text ends before the Supreme Court's operative decision in the present appeals, so the final holding and directions are not mentioned in the excerpt.
Headnote
A) Service Law - Reservation in Promotions - Eligibility of Reserved Candidates for General Posts - Constitution of India, Articles 14, 15, 16 - Non-consideration of Scheduled Castes/Backward Classes candidates against general category posts for appointment or promotion was held to be violative of Articles 14, 15 and 16 of the Constitution; there is no bar to appointment/promotion of larger number of members of Scheduled Castes on merit; reserved category candidates are eligible to compete with general category candidates and cannot be deprived of that right merely because they are Scheduled Caste members (Paras Not mentioned). B) Service Law - Reservation Quota Calculation - Exclusion of Merit Appointees from Reserved Percentage - Constitution of India, Articles 14, 16 - Where a Scheduled Caste/Backward Class candidate secures an appointment or promotion against a reserved point on the basis of his own merit and seniority and not solely because of being Scheduled Caste/Backward Class, such candidate should not be counted while calculating the percentage of reservation; the reserved point should be carried over to the next point on the roster and filled by reserved category candidates (Paras Not mentioned). C) Service Law - Roster and Seniority - Roster Points as Seniority Points - Constitution of India, Articles 14, 16 - Scheduled Castes/Backward Classes candidates appointed or promoted on the basis of reservation under prescribed roster points are assigned seniority as per the point reserved for them in the relevant roster irrespective of their position in the general merit list; those appointed on their own merit/seniority retain original higher seniority position (Paras Not mentioned). D) Constitution Law - Reservation Policy - Reasonableness of Percentage and Excess Representation - Constitution of India, Articles 14, 16 - Reservation in effect amounting to an unreasonable percentage could be questioned, but 14% reservation for Scheduled Castes was not unreasonable; if Scheduled Castes candidates have come to occupy positions in a cadre on account of their own merit and ability, the reservation itself cannot be questioned and they cannot be deprived of right to be considered for selection on merit (Paras Not mentioned). E) Service Law - Reservation Implementation - Operation of Roster After Reserved Posts Filled - Constitution of India, Articles 14, 16 - Posts shown at reserve points are to be filled from members of reserve categories and general category candidates are not entitled to be considered for reserved posts; reserve category candidates can compete for non-reserve posts and their appointment to such posts cannot be added and taken into consideration for working out percentage of reservation; given percentage has to be provided in addition despite any number of appointees/promotees belonging to Backward Classes against general category posts (Paras Not mentioned).
Issue of Consideration
Whether members of Scheduled Castes and Backward Classes appointed or promoted on merit/seniority against general category posts should be counted against the reservation quota; whether reserved category candidates can compete for general posts; whether roster points constitute seniority points for reserved category candidates; whether reservation policy implementation can result in reserved category members holding posts in excess of quota; and whether such excess is unconstitutional.
Final Decision
Not mentioned - provided text ends before the Supreme Court's operative order.
Law Points
- Reserved posts at roster points filled from reserved categories
- reserved candidates can compete for non-reserved posts
- merit appointments not counted towards reservation percentage
- roster points are seniority points for reserved categories
- non-consideration of reserved candidates for general posts violates Articles 14-16
- reservation percentage must be provided in addition irrespective of number of reserved candidates in general posts
