JUDGEMENT

SABYASACHI MUKHARJI, CJI. The petitioners are law graduates. They state that they belong to scheduled castes and scheduled tribes segments of the community. They are seeking enforcement of the right to equality of opportunity in the matter of appointment to posts in the subordinate judiciary in the State of Haryana. The State of Haryana has reserved 20% of the posts in the Haryana Civil Service (Judicial Branch) for the scheduled castes and scheduled tribes. It is the case of petitioners that though 20% of the posts in the Haryana Civil Service (Judicial Branch) have been reserved for scheduled castes and scheduled tribes, the strength of the appointments made since 1969 onwards reveals that hardly 8% of the total posts i.e., 40 to 45% only of the cadre strength have been allotted to the scheduled castes and scheduled tribes. The petitioners contend that in other States of India different percentages of marks have been prescribed for scheduled castes, scheduled tribes and general candidates for determining their suitability and/or eligibility for appointment. But in Haryana, they contend, minimum marks have been prescribed as 55% for all categories of candidates, namely, s