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TMI Blog1968 (4) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... nces, the, strength of ,different communities and the extent of their social and economic backwardness and the criteria applied by the State in that regard", -and to, make a report in that behalf. The report has now been submitted to this Court together with copies of the evidence oral ,and documentary produced by the parties. It is unfortunate that the learned Judge who heard the matter did not record his opinion -on the evidence. We do not, however, on the view we take, deem it necessary to send back the papers for recording the opinion ,of the High Court on the evidence led by the parties pursuant to the previous order. The petitioners had by the writ petition claimed that in declining to promote them and others similarly circumsta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re Hindus belonging to the Jammu province of the State of Jammu & Kashmir was not denied. But this prejudicial treatment of senior officers was sought to be supported on the plea that the State had acted in consonance with the principles of cl. (4) of Art. 16 of the Constitution. It was the case of the State that Muslims as a community in the whole of the State of Jammu & Kashmir formed a backward class of citizens and they were not adequately represented in the services under the State : similarly Hindus from the province of Jammu formed a backward community and were not adequately represented in the services of the State, and on that account reservation in the matter of appointments or posts and promotions in the services of the State was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven time be backward and may on that account be treated as a backward class, but that is not because they are members of a caste or community, but because they form a class. In its ordinary connotation the expression "class" means a homogeneous section of the People grouped together because of certain likenesses or common traits, and who are identifiable by some common attributes such as status, rank, occupation, residence in a locality, race, religion and the like. But for the purpose of Art. 16(4) in determining whether a section forms a class, a test solely based on caste, community, race, religion, sex, descent, place of birth or residence cannot be adopted, because it would directly offend the Constitution. In the voluminous ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Selection Board consisting of four Secretaries to the Government was set up and they were asked "to prepare a Select List on the basis of merit-cum-seniority, keeping in view the policy of adequate representation of such elements as are not adequately represented in the services and to pay due regard to Provincial proportions". There is no reference in any, of the clauses of the order to selection of officers on the basis that they belong to backward classes. The injunction to the Secretaries to select candidates "keeping in view the policy of adequate representation of such elements as were not adequately represented in the services", is not a provision making reservation of appointments or posts in favour of backward ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Art. 16(1) and (2)and is not saved by cl.(4).
The promotions granted to respondents 3 to 83 are accordingly declared contrary to the provisions of Arts. 16(1) and (4) of the Constitution and therefore void. This will not however prevent the State from devising a scheme, consistent with the constitutional guarantees, for reservation of appointments, posts or promotions in favour of any backward class of citizens which in the opinion of the State is not adequately represented in the services under the State. The petitioners will be entitled to their costs of the petition including the costs of the hearing which culminated in the interlocutory order, and the costs incurred before the High Court.
Petition allowed. X X X X Extracts X X X X X X X X Extracts X X X X
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