Judgment

( 1 ) JUDGMENT :- Delay condoned. Leave granted.

( 2 ) WE have heard learned counsel on both sides.

( 3 ) THIS appeal by special leave arises from the order passed on 31/03/1995 by C. A. T. , New Delhi in O. A. No. 1801/94.

( 4 ) THE post of E. C. G. Technician in the Grade of Rs. 1200-2040 became vacant on 30/11/1993 in the Central Hospital, Northern Railway due to retirement, Mrs. William Chand, a general candidate, holding that post. For promotion of Theater Assistants to the said post, trade test was conducted in which Smt. Prakash Kaur belonging to Scheduled Castes and two others were called. The vacancy to be filled up was reserved for Scheduled Castes in a carry forward post as per the rotation of the roster. In the trade test held on 8/12/1994, Smt. Prakash Kaur was found suitable and she was accordingly promoted as E. C. G. Technician w. e. f. 9/12/1994. The respondent an unsuccessful candidate filed O. A. in the Tribunal contending that since the post of E. C. G. Technician is the solitary post, reservation as per roster is unconstitutional as it would lead to 100 Per Cent reservation. The contention found favour with the Tribunal. Accordingly, it set aside the ap