Judgment

CHANDRACHUD, J. :- The petitioner, Shrimati Arati Ray Choudhary, is a permanent employee in the South Eastern Railway - a Government of India undertaking - which runs two Higher Secondary Schools for girls one at Adra and the other at Kharagpur. Broadly stated, the question which we have to decide in this petition under Article 32 of the Constitution is whether the vacancy in the post of the Headmistresss of the Kharagpur School can be treated as being reserved for a Scheduled Caste candidate, a question which depends for its decision both on the interpretation and the validity of the Carry forward rule. The petitioner assails that rule and contends that the vacancy is open to all candidates while respondent No. 8, who belongs to Scheduled Caste, contends for a contrary position.

2. In August 1966 a vacancy arose in the post of the Headmistress of the Adra School and was filled up on the footing that it was unreserved. The Headmistress of the Kharagpur school was due to retire with effect from January 1, 1969 and therefore on December 5, 1968 the Railway administration formed a panel of candidates for selection to that post and fixed December 18, 1968 as the date for holdi