Ram Vs. Union of India & Ors  INSC 573
(18 April 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (5) 70 1996 SCALE (4)228
O R D
learned counsel on both sides.
appeal by special leave arises from the Order of the Central Administrative
Tribunal at Chandigarh made in O.A. No.308 of 1994 on March 21, 1995. Though the Tribunal has dismissed
the O.A. on the ground of delay, we have examined the matter on merits. It is
now clear from the record placed by the respondents that as a result of
selection, list was prepared on April 4, 1990 for appointment as Goods Clerks and Coaching Clerks from
among the class IV employees in the order of merit from the quota reserved for
class IV employees. Out of them they also made reservation to the members of
the Scheduled Castes. The appellant belongs to the Scheduled Castes. Candidates
at item Nos.17 and 32 of the list also belong to the Scheduled Castes and were
superior in the order of merit; they were selected on the general standard to
the roster point as against those who were selected in the reserved quota with
relaxed standards. The appellant stands at No.2 while one Sarvan Kumar stands
at No. 1 of the list of reserved quota.
true that in the communication sent to the appellant it was mentioned that he
was selected on general standards.
would appear that subsequently, they realized the mistake and corrected the
same and put him in the order of merit as a candidate for the reserved quota.
Since there was no vacancy existing for reserved quota, he could not be
appointed. Under those circumstances we cannot give any direction for making
his appointment. Since the list has already expired by efflux of time, the
directions sought for appointment in the future vacancies cannot be given. But
this order does not preclude him from consideration for future promotions in
any of the vacancies that would arise subsequent to the earlier selection.
appeal is accordingly dismissed. No costs.