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2014 (5) TMI 1120 - SC - Indian LawsRecruitment to Service - rule of quota and rota - Held that:- The Court made it clear that it was not laying down that rule of quota and rota cannot go exist. Service rules, in a particular case may specifically provide the co-existence of quota and rota. There may also be a situation where service rules be interpreted as such. That is a very important comment made by the Constitution Bench after taking note of the ratio in Paramjit Singh’s case[1979 (3) TMI 207 - SUPREME COURT]. It is specifically noted how the Court on harmonious reading of Rules 3,4,6,8 and 10 of these 1959 Rules had come to the conclusion that quota rule was operative both at the time of initial appointment and at the time of confirmation. After taking note of this ratio on the harmonious interpretation of the Rules in question, rather than stating that such an interpretation was impermissible or wrongly given, the Constitution Bench clarifies that there may be circumstances where such an interpretation would be permissible and validity of the rules would be tested in the total setting of facts. It needs to be highlighted at this stage that having regard to the overall circumstances and the factual position which prevailed while deciding Paramjit Singh’s case, the Court held that in order to save Rule 10 from the vice of arbitrariness, the only interpretation which could be given was to hold that the quota rule would apply both at the time of recruitment and at the time of confirmation. Detailed reasons are given justifying the said line of action taken by the Court and that portion of the judgment has already been extracted. In the beginning, not only this, even when the Review Petition was filed the Court made it clear that there was no ambiguity in the judgment. It was also made clear that what the Court meant was that quota should be co-related to the vacancies which are to be filled in. Who retired and from what source he was recruited may not be very relevant because retirement from service may not follow the quota rule. A roster had to be introduced which was to continue while giving confirmation. Introduction of roster only postulates ascertainment of available number of vacancies and proceeding to make recruitment keeping in view of the quota. We, accordingly, hold that the approach of the High Court in following the dicta laid down in Paramjit Singh was perfectly justified. Finding no merit in these appeals, the same are hereby dismissed. No costs.
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