The
Chief General Manager Telecom Kerala Circle Trivendrum & Vs. G. Renuka
& Anr [1996] INSC 1538 (2 December 1996)
K. Ramaswamy,
G.T. Nanavati
ACT:
HEAD NOTE:
O R D
E R
Leave
granted.
We
have heard counsel on both sides.
This
appeal by special leave arises from the order of the Central Admn. Tribunal, Ernakulam Bench made on March 8, 1996 in O.A.No. 157/96.
The
admitted position is that for the recruitment of Junior Telecom Officers 15% of
the posts have been reserved in the matter of recruitment by promotion. Out of
54 posts that were available under that quota, 43 posts were reserved for
general candidates, 9 posts for Scheduled Castes and 4 posts for Scheduled
Tribes. The result of the said competitive examinations conducted for
promotion, was declared on February 3, 1995.
Some of the candidates belonging to the Scheduled Castes and Scheduled Tribes
did not reach the requisite standard in securing the marks for promotion.
Therefore, they were not qualified for appointment by promotion. Subsequently,
a Review Committee was constituted which had gone into the merits of the
Scheduled Castes and Scheduled Tribes candidates and their selection was made
by proceedings dated June
23, 1995 and
appointments were made. The respondents have challenged their promotion on the
ground that the Government is devoid of such power. Accepting their contention
the Tribunal has held that the Government could carry forward the vacant posts
for future recruitment, but could not review the selection and make the
appointments. The question is whether the view taken by the Tribunal is correct
in law? Shir Goswamy, learned senior counsel for the appellant, in support of
the contention that the view of the Tribunal is not correct placed reliance
upon the instructions of the Government as to the procedure of filling up of
reserved vacancies in promotion contained in Circular No. DGP & T No.
26/27/81 (SAN-1), dated 4.5.81. Paragraph 11.1 reads as under :
"In
Examinations where the required number of Scheduled Castes/Scheduled Tribes
candidates, have not acquired the general qualifying standards, the case of
failed Scheduled Castes/Scheduled Tribes candidates should be reviewed on the
basis of confidential report the overall performance in the examination etc. by
a committee of senior officers, so as to assess their
suitability/unsuitability." A reading of it would indicate that in
examinations where the required number of Scheduled Castes/Scheduled Tribes
candidates have not acquired the general qualifying standards, their cases should
be reviewed on the basis of confidential report, the overall performance in the
examination etc. by a committee of senior officers so as to assess their
suitability/unsuitability. In this case the committee of three senior officers
of the Department came to be appointed. It had considered their suitability by
considering previous records and performance in the examination and given them
relaxation of marks and awarded grace marks. On that basis, they became
qualified. This was done on consideration of their overall confidential reports
and their performance in the examination. Under these circumstances, the
Government was within their power to review the selection and declare the
candidates belonging to Scheduled Castes/Scheduled Tribes as eligible for promotion.
Consequently,
they came to be appointed. The necessity to carry forward the vacancies would
arise only in cases where the Review Committee considers and finds them not
qualified for three recruitment years. There is no doubt that the respondents,
as general candidates secured higher percentage of marks over candidates
belonging to Scheduled Castes and Scheduled Tribes. But that is not the correct
way to consider the cases of reserved categories. Under these circumstances, it
was not necessary for the Government to carry forward the unfilled vacancies
and fill up the vacant posts with the general candidates.
The
appeal is accordingly allowed, but in the circumstances, without costs..
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