1995 (2) TMI 449 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of reservation policy for Scheduled Castes and Backward Classes in promotions.
2. Operation of the roster system and its implications on reservation percentages.

Summary:

Issue 1: Validity of Reservation Policy for Scheduled Castes and Backward Classes in Promotions

The petitioners, members of the general category, challenged the reservation policy that provided 16% reservation for Scheduled Castes and Backward Classes in promotions within the Punjab Service of Engineers (Class I) in the Irrigation Department. They argued that once the prescribed percentage of reservation is achieved, the reservation policy should become inoperative. The Supreme Court rejected this contention, stating that the roster points reserved for backward classes must be filled by members of those classes, and general category candidates cannot be considered for these reserved posts. The Court emphasized that the percentage of reservation must be strictly followed as per Article 16(4) of the Constitution of India, which allows the State to make provisions for reservations if a backward class is not adequately represented in the services.

Issue 2: Operation of the Roster System and Its Implications on Reservation Percentages

The petitioners contended that the roster system should cease to operate once the prescribed percentage of reservation is achieved. The Supreme Court found merit in this argument, stating that the roster should operate only until the quota provided under the instructions is reached. Once the prescribed percentage of posts is filled, the roster should not continue to operate. The Court clarified that the expressions "posts" and "vacancies" should be understood in their plain meanings, and the percentage of reservation should be worked out in relation to the number of posts in the cadre. The Court also noted that the concept of "running account" should not result in excessive reservation and should be interpreted to ensure that the percentage of reservation is maintained without exceeding the prescribed limits.

The Court concluded that once the total cadre has full representation of the Scheduled Castes/Tribes and Backward Classes as per the reservation policy, any vacancies arising thereafter should be filled from the category to which the post belonged in the roster. This ensures that the balance between the reserved and general categories is maintained. The Court directed that this interpretation of the roster system would be operative prospectively.

Disposition:
The writ petition was disposed of in the above terms with no costs.