J.JAGANNADHA RAO, S.B.MAJMUDAR
State Of Punjab – Appellant
Versus
M. L. Sehgal – Respondent
ORDER
An important constitutional question arises for consideration in these civil appeals and special leave petition. The post in the cadre is a solitary post of Chief Engineer in the service of State of Punjab. The question is whether for such a solitary post in the cadre the roster and reservation point can ever operate; or in other words, can there be any reservation as envisaged under Article 16(4) of the Constitution for a solitary post in the cadre. The other question is whether the system of carry forward of the reservation points for future vacancies in the cadre comprising the posts can ever be applicable if the entire cadre consists of a solitary post. In the two latest decisions of this Court, one by a three-Judge Bench in the case of Union of India v. Madhav [(1997) 2 SCC 332 : 1997 SCC (L&S) 503] and the other in the case of Union of India v. Brij Lal Thakur [(1997) 4 SCC 278 : 1997 SCC (L&S) 939 : JT (1997) 4 SC 195] this Court has taken the view that there can be reservation on roster points also for a solitary post in a cadre. In our view, these judgments require a relook in the light of the Constitution Bench judgment of this Court in the case of Arati Ray Choudhu
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