TMI Blog1964 (12) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... ade IV on the basis of seniority cum-fitness. In February 1960 the Union Public Service Commission issued a notification to the effect that a limited competitive examination for promotion to the post of Section Officers would be held in June 1960. The notification further stated that reservation of 121% of the available vacancies would be made for members of scheduled castes and 5% for the members of scheduled tribes. The number of vacancies to be filled was to be announced later. The petitioner sat for this examination and he is said to have secured the 37th position in order of merit. Later, a press communique was issued by the Union Public Service Commission in the which it was stated that the number of vacancies expected to be filled was 48 out of which 32 were reserved for schedule castes and scheduled tribes and 16 were unreserved. Eventually however the Union Public Service Commission recommended 45 names for appointment, 16 of which were unreserved and 29 were reserved against vacancies for scheduled castes and scheduled tribes. Finally, however, the Government made only 43 appointments, 15 in the unreserved quota and 28 in the reserved quota. This heavy reservation for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ancies should be Mated as unreserved and filled by the best available candidates. The number of reserved vacancies thus treated as unreserved will be added as an additional quota to the number that would be reserved in the L3 Sup./65-11 following year in the normal course; and to the extent to which approved candidates are not available in that year against this additional quota, a corresponding addition should be made to the number of reserved vacancies in the second following year. Thus the number of reserved vacancies of 1954 which were treated as unreserved for want of suitable candidates in that year will be added to the normal number of reserved vacancies in 1955. Any recruitment against these vacancies in 1955 will first be counted against the additional quota carried forward from 1954. If however suitable candidates are not available in 1955 also and a certain number of vacancies are treated accordingly as 'unreserved' in that year, the total number of vacancies to be reserved in 1956 will be un- utilised balance of the quota carried forward from 1954 and 1955 plus the normal percentage of vacancies to be reserved in 1956. The un- utilised quota will not, howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forward rule was struck down by this Court and the 1952 rule had ceased to exist by the substitution made by the Government of India in 1955. The petitioner further contends that in view of there being no carry forward rule either of 1952 or of 1955 after the judgment of this Court in Devadasan's case(A.I.R. 1964 S.C. 179. of 1952) all that the Government of India could do in the matter of reservation for the examination conducted in 1960 was to reserve 12 1/2% of the vacancies for scheduled castes and for scheduled tribes. In the alternative it is submitted that if the carry forward rule of 1952 is still deemed to exist that rule is also bad being violative of Art. 16 of the Constitution. The petitioner finally contends that the carry forward rules of 1952 and 1955 being out of this way and the only reservation that was possible in the examination of 1960 being 12 1/2% for scheduled castes and 5 % for scheduled tribes, he was entitled to be appointed' on that basis. He therefore prays that a direction should be issued setting aside appointments of certain candidates belonging to scheduled castes and scheduled tribes over and above the reserved quota of 171 % and the Union ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Government of India substituted the carry forward rule of 1955 in its place. But it must be made clear that the judgment of this Court in Devadasan's case(2) is only concerned with that part of the instructions of the Government of India which deal with the carry forward rule; it does not in any Way touch the reservation for scheduled castes and scheduled tribes at 12 1/2% and 5% respectively; nor does it touch the filing up of scheduled tribes vacancies by scheduled A.I.R. 1964 S.C. 179 caste candidates where sufficient number of scheduled tribes are not available in a particular year or vice versa, The effect of the judgment in Devadasan's case(1) therefore is only to strike down, the carry forward rule and it does not affect the year to year reservation for scheduled castes and sheduled tribes or filling up of scheduled tribe vacancies by a member of scheduled castes in a particular year if a sufficient number of scheduled tribe candidates are not available in that year or vice versa. This adjustment in the reservation between scheduled castes and tribes has nothing to do with the carry forward rule from year to year either of 1952 which, had ceased to exist or of 195 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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