TaxTMI 
TaxTMI 
1966 (11) TMI 89
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....ports and Exports, Executive Officers, Licensing Officers and Junior Licensing Officers. of these the last 3 were Class II posts and the rest were Class I posts. Subsequently, the posts of Assistant Chief Controllers were redesignated as "Controllers" and the posts of Executive Officers, Licensing Officers and Junior Licensing Officers were converted into one category, namely, Assistant Controllers, Class 11. In the year 1949 the appointment of the said officers and their promotions were governed by the principles enunciated in the Memorandum No. 30/44-48-Appts. dated June 22, 1949 issued by the Government of India (Ministry of Home Affairs). But, as no rules were prescribed and the appointments were made on ad hoc basis, the Union Public Service Commission rightly raised objections; and after protracted correspondence it was agreed in 1955 that the appointments made by the Ministry during 1947-1951 should be regularized on the basis of the record of work and that in regard to subsequent appointments there should be a ratio of 25 % for the departmental promotees and 75 % for direct recruits. Ultimately, on June 13, 1962, the said arrangement was embodied in the recruitment rules ma....
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.... category with which we are now concerned, it appears that the Departmental Promotion Committee considered the cases of Assistant Controllers who were working on an ad hoc basis and selected, on the basis of merit, 25 officers out of whom 19 were adjusted against the said quota of 25 % and these 19 officers were placed above the direct recruits. Serial Nos. 48 to 66 in the list are promotees so selected by the Departmental Promotion Committee, and serial Nos. 68 to 123 in the said list are direct recruits. The first petitioner joined the office of the 3rd respondent, the Joint Controller of Imports and Exports, Bombay, on April 29, 1946, as an Appraiser. He was promoted to the post of Assistant Controller with effect from March 31, 1956; that is to say, he has been holding the post for a period of about 9 years at the time he filed the petition. The second petitioner Joined the said office on March 5, 1941 and in due course he was promoted to the post of Assistant Controller with effect from April 1, 1956. He was also holding the said post for a period of about 9 years at the time of filing the petition. The third petitioner joined the said office on May 8 1945 as a B Grade Clerk....
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....c Service Commission violated Art. 14 of the Constitution. The relevant law on the subject is well settled and does not require further elucidation. Under Art. 16 of the Constitution, there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State or to promotion from one office to a higher office thereunder. Art. 16, of the Constitution is only an incident of the application of the concept of equality enshrined in Art. 14 thereof. It gives effect to the doctrine of equality in the matter of appointment and promotion. It follows that there can be a reasonable classification of the employees for the purpose of appointment or promotion. The concept of equality in the matter of promotion can be predicated only when the promotees are drawn from the same source. If the preferential' treatment of one source in relation to the other is based on the differences between the said two sources, and the said difference& have a reasonable relation to the nature of the office or offices to, which recruitment is made, the said recruitment can legitimately be sustained on the basis of a valid classification. There can be cas....
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....ection of the officers by the Union Public Service Commission". By that time in November, 1955, the Union Public Service Commission had advertised for the posts of Assistant Controllers. There was also admittedly correspondence between the Govern- ment and the Union Public Service Commission indicating that the Union Public Service Commission was questioning the regularity of the appointments made earlier without framing rules and without consulting them. With the said background if the said order is looked into, there cannot be any doubt that the order in terms as well as in intent made only ad hoc appointments pending the filling up of the posts through the Union Public Service Commission. The order says in terms that the appointment of the officers mentioned therein were made on an ad interim basis pending selection of the officers by the Union Public Service Commission. If the intention of the Government was that the officers mentioned therein were appointed subject to the approval of the Union Public Service Commission, the phraseology used would have been different. It would have run: "the appointments of the officers mentioned above have been made, subject to the approval ....
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.... should have applied the ratio of 50:50 and not 75:25. When the recruitment to certain posts is from different sources, what ratio would be adequate and equitable would depend upon, the circumstances of each case and the requirements and needs of a particular post. Unless the ratio is so unreasonable as to amount to discrimination, it is not possible for this Court to strike it down or suggest a different ratio. Nothing has been placed before us to show that the ratio of 3 : I is so flagrant and unreasonable as to compel us to interfere with the order of the Government. The next argument is that the Government, in effect and substance, accepted the principle of "carry forward" which was struck down by this Court in T. Devadasan v. The Union of India.(2) There certain reservations were made for recruitment to certain posts for the members of the Scheduled Caste and Scheduled Tribes; and if the vacancies reserved for the said Castes and Tribes were not filled up in a particular year, the Government Order provided for carrying forward the said vacancies to the subsequent year, and if in the subsequent year also the said vacancies were not filled up, they would be carried forward to t....