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1976 (11) TMI 190 - SUPREME COURTWhether a quota prescription, willy nilly, does postulate exnecessitate a rota process in practice? Held that:- The quota system does not necessitate the adoption of the rotational rule in practical application. Many ways of working out 'quota' prescription can be devised of which rota is certainly one. While laying down a quota when filling up vacancies in a cadre from more than one source, it is open to Government, subject to tests under Art. 16, to choose 'a year' or other period or the vacancy by vacancy basis to work out the quota among the sources. But once the Court is satisfied, examining for constitutionality the method proposed, that there is no invalidity, administrative technology may have free play in choosing one or other of the familiar processes of implementing the quota rule. We, as Judges, cannot strike down the particular scheme because it is unpalatable to forensic taste. Seniority, normally is measured by length of continuous, officiating service--the actual is easily accepted as the legal. This does not preclude a different prescription, constitutionally tests being satisfied. A periodisation is needed in the case to settle rightly the relative claims of promotees and direct recruits. 1960-62 forms period A and 1962 onwards forms period. B. Promotees regularly appointed during period A in excess of their quota, for want of direct recruits (reasonably sought but not secured and because tarrying longer would injure the administration) can claim their whole length of service for seniority even against direct recruits 'who may turn up in succeeding periods. Promotees who have been fitted into vacancies beyond their quota during the period B--the year being regarded as the unit--must suffer survival as invalid appointees acquiring new life when vacancies in their quota fall to be filled up. To that extent they will step down, rather be pushed down as against direct recruits who were later but regularly appointed within their quota - On this basis, the judgment of the High Court stands substantially modified, but preparation of a new seniority list becomes necessitous - Appeal allowed.
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