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        Case ID :

        1995 (2) TMI 449 - SC - Indian Laws

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        Cadre-based reservation roster applies only until the prescribed quota is met; later vacancies follow the post's roster category. Reserved-category candidates appointed or promoted on their own merit against general category posts do not count towards satisfaction of the reserved ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Cadre-based reservation roster applies only until the prescribed quota is met; later vacancies follow the post's roster category.

                          Reserved-category candidates appointed or promoted on their own merit against general category posts do not count towards satisfaction of the reserved quota in a cadre, because they do not occupy roster points earmarked for reservation. The roster and running-account principle apply with reference to cadre strength and operate only until the prescribed percentage of reservation is achieved in that cadre. Once that quota is filled, the roster does not continue to expand reservation through later vacancies; subsequent vacancies are filled according to the category of the post vacated. The Court applied this interpretation prospectively.




                          Issues: (i) Whether candidates belonging to reserved categories appointed or promoted on their own merit against general category posts are to be counted for determining whether the prescribed percentage of reservation in the cadre has been achieved. (ii) Whether the reservation roster operates only until the prescribed quota in the cadre is filled, or continues to apply to vacancies arising thereafter.

                          Issue (i): Whether candidates belonging to reserved categories appointed or promoted on their own merit against general category posts are to be counted for determining whether the prescribed percentage of reservation in the cadre has been achieved.

                          Analysis: Reservation under Article 16(4) is linked to the extent of representation to be secured in the service for the backward class concerned. Once the State fixes the percentage of reservation for a cadre and identifies roster points for reserved categories, the posts at those roster points are earmarked for those categories alone. Candidates of reserved categories who secure appointment or promotion against general category posts do not occupy reserved roster points and therefore do not count towards filling the reserved quota in the roster.

                          Conclusion: The number of reserved-category appointees or promotees who obtained general category posts is not to be added for computing whether the reserved quota in the cadre stands satisfied; this contention was rejected.

                          Issue (ii): Whether the reservation roster operates only until the prescribed quota in the cadre is filled, or continues to apply to vacancies arising thereafter.

                          Analysis: The roster and the concept of a running account are intended to ensure that the prescribed percentage of reserved posts is achieved without creating excessive reservation. The percentage is to be worked out with reference to cadre strength, i.e. the posts comprising the cadre, not with reference to recurring vacancies after the cadre posts have been filled. Once all roster points in the cadre are occupied and the quota fixed under the policy is achieved, the roster cannot continue to operate so as to inflate the reservation beyond the prescribed limit. Vacancies arising later are to be filled by the category to which the vacated post belonged in the roster.

                          Conclusion: The roster stops once the prescribed reservation in the cadre is achieved, and thereafter vacancies are to be filled according to the roster category of the post; this contention was accepted.

                          Final Conclusion: The challenge succeeded only on the interpretation of the roster's operation after the reserved quota in the cadre is filled, and the Court directed that this interpretation would operate prospectively.

                          Ratio Decidendi: Reservation percentage is to be applied with reference to cadre strength and roster points, and the roster ceases to operate once the prescribed quota in the cadre is achieved; later vacancies are filled according to the category of the post vacated.


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                          ActsIncome Tax
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