Supreme Court Partially Allows General Category Engineers in Reservation Challenge Due to Excessive Roster Operation. Reservation Roster Cannot Operate Beyond the Prescribed 14% Scheduled Caste and 2% Backward Class Quota Once Reserved Posts in the Cadre Are Filled, and General Merit Appointments by Reserved Category Candidates Do Not Count Against the Quota Under Article 16(4) of the Constitution of India.

Case Note & Summary

The litigation arose from a challenge by general category members of the Punjab Service of Engineers (Class I) in the Irrigation Department to reservation in promotions for Scheduled Castes and Backward Classes. The petitioners held seniority positions 19, 23, 26, 29, 30, 31, 34 and 38, while the private respondents, belonging to Scheduled Castes, were at serial numbers 46, 140 and 152. The Government instructions dated May 4, 1974 reserved 14 per cent posts for Scheduled Castes and 2 per cent for Backward Classes in promotions to and within Class I and II services, to be implemented through a roster with specified reserved points and a running account from year to year. Under Rule 9 of the Punjab Service of Engineers Class I P.W.D. (I.B.) Rules, 1964, promotions were by selection on merit and suitability, with no member having any claim to promotion as of right or mere seniority. The private respondents were promoted as Chief Engineer and Superintending Engineers against reserved vacancies, superseding many senior general category colleagues, including the petitioners, who were already working as Superintending Engineers. The petitioners challenged the reservation policy on two grounds. First, they argued that reserved category candidates appointed on merit against general category posts should be counted towards the prescribed percentage of reservation; once the quota was achieved, further reservation would become inoperative. Second, they argued that once the posts earmarked for reserved categories on the roster were filled, the reservation was complete and the roster should not operate further; any post falling vacant thereafter should be filled from the category to which the post belonged. The court considered earlier Punjab and Haryana High Court decisions. In Joginder Singh Sethi v. Punjab Government, the High Court had held that general merit appointments of reserved category count towards quota and quashed further promotions because the cadre already had more than the prescribed percentage from reserve categories. That decision was overruled by a Full Bench in Jaswant Singh v. Secretary to Government of Punjab, Education Department. The Supreme Court rejected the first contention, holding that reserved roster points must be filled from reserved category candidates and that general category appointments by reserved category candidates are in addition to the prescribed percentage. Article 16(4) of the Constitution permits reservation for backward classes not adequately represented in State services; once the State fixes a percentage, it must be followed strictly, and the fact that many reserved category members have been appointed against general seats may be relevant for reviewing the continuation of reservation but does not alter the operative quota. The Court accepted the second contention, holding that the roster and running account are to operate only until the prescribed percentage of reserved posts in a cadre is achieved. Once the numerical test of adequacy is satisfied, the roster does not survive. Excessive reservation is impermissible. Vacancies arising after the quota is filled must be filled from the category to which the post belonged in the roster. The Court thus partially allowed the petition, directing that the reservation roster cannot operate beyond the specified quota, while confirming that meritorious appointments of reserved category candidates do not reduce the reserved quota.

Headnote

Issue of Consideration

Final Decision

The Supreme Court rejected the first contention that general merit appointments of reserved category candidates count against the quota; accepted the second that roster and running account must cease once the prescribed percentage of reserved posts is filled; held that reserved roster points must be filled by reserved category candidates and general appointments are in addition to quota; vacancies after quota filled to be filled category-wise. Specific relief not fully stated due to text truncation.

Law Points