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G.B.PATTANAIK, K.RAMASWAMY, S.SAGHIR AHMAD
Post Graduate Institute Of Medical Education And Research, Chandigarh – Appellant
Versus
K. L. Narasimhan – Respondent
The facts of this case involve the challenge to the validity and constitutionality of reservation policies implemented in public employment and educational institutions. The petitioner(s) argued that certain reservation practices, such as the use of roster systems, clubbing of posts with the same pay scale and grade, and reservation in specialized academic and research posts, violated fundamental rights under Articles 14 and 16 of the Constitution. The respondents maintained that these reservation measures are necessary for promoting social justice, ensuring adequate representation of reserved categories, and facilitating their integration into public service and higher education. The case also concerns the application of reservation policies in backlog vacancies, single post cadres, and postgraduate or super-specialty courses, with the parties disputing whether these policies are consistent with constitutional principles and whether they undermine merit or excellence (!) (!) .
JUDGMENT
K. Ramaswamy, J.—Leave granted.
2. These appeals and the writ petition arise out of the common cause relating to recruitment to the post of Assistant Professors in various faculties in the appellant Post Graduate Institute, Chandigarh and admission into specialities and super-specialities. Advertisement No. 6/90 dated November 16, 1990 relates to recruitment to the post of Assistant Professor; out of 12 posts, 8 posts were reserved for Scheduled Castes (for short, ‘Dalits’) and 4 posts were reserved for Scheduled Tribes (for short, ‘Tribes’), in the pay scale of rs. 3500-4500/-. Essential qualifications were prescribed for the said posts; there being no dispute, vis-a-vis qualifications, it is not necessary to elaborate them except to state that these are backlog vacancies. Through advertisement No. 15/90 dated November 25, 1990, the appellants had called for applications for appointment to the said posts and admission to Doctoral Courses and Ph. D. Programme for the academic session starting from 1.1.1991 in which 6 posts were reserved for the Dalits and Tribes. The contesting respondents in these appeals (for short, the ‘General candidates’) and the Faculty Association ch
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