Reservation in promotion under service rules extends beyond direct recruitment where the constitutional and statutory scheme permits it.

Reservation in public employment was treated as part of the equality framework under Articles 16(1) and 16(4), and the special service rules were read as applying the reservation principle to appointments to the cadre, including appointments by transfer. Prior precedent recognised that "appointment" could extend to promotion, and after the constitutional amendment introducing Article 16(4A), reservation in promotion for Scheduled Castes and Scheduled Tribes was expressly affirmed where representation was inadequate. On that basis, the view that Rule 22 was confined to direct recruitment was inconsistent with the statutory scheme and constitutional position; the reservation rule could apply to promotions as well.

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Issues: Whether the reservation rule under the State service rules applied only to direct recruitment or also extended to appointments by promotion.

Analysis: The special service rules expressly made the general reservation rule applicable to appointments to the cadre, including appointments by transfer. Reservation in public employment was treated as part of the equality framework under Articles 16(1) and 16(4), and prior precedent had recognised that the concept of appointment could extend to promotion. After the constitutional amendment introducing Article 16(4A), the State's power to provide reservation in promotion for Scheduled Castes and Scheduled Tribes was expressly affirmed where they were not adequately represented. In that setting, the Tribunal's view that Rule 22 was confined to direct recruitment was inconsistent with the statutory scheme and constitutional position.

Conclusion: The reservation rule was not confined to direct recruitment and could apply to promotions as well; the Tribunal's contrary view was incorrect and the appeal succeeded.

Ratio Decidendi: Where the special service rules incorporate the reservation principle and the Constitution permits reservation in promotion under Article 16(4A), the reservation rule can operate in promotional appointments and is not restricted to direct recruitment alone.

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