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1961 Supreme(SC) 226

General Manager, Southern Railway – Appellant
Versus
Rangachari Gurbux Das – Respondent


Advocates Appeared:
Mr. N.C. Chatterjee, Sr. Advocate, (M/s. B.R. L. Iyengar, T.M. Sen and D. Gupta, Advocates, with him), for Appellants; Mr. S. Mohan Kumaramangalam Sr. Advocate (M/s. M.K. Ramamurthy, R.K. Garg and T.S. Venkataraman, Advocates, with him), for Respondent and Intervener.

Judgement

GAJENDRAGADKAR, J. : (On behalf of himself, Sarkar and Das Gupta JJ.)

On a writ petition filed by the respondent K. Rangachari in the Madras High Court under Art. 226 of the Constitution a writ of mandamus has been issued by the said High Court restraining the appellants, the General Manager, Southern Railway, and the Personnel Officer (Reservation), Southern Railway, from giving effect to the directions of the Railway Board ordering reservation of selection posts in Class III of the railway service in favour of the members of the Scheduled Castes and Scheduled Tribes and in particular the reservation of selection posts among the Court Inspectors in Class III one of which is held by the respondent. After the writ was thus issued the appellant applied for and obtained a certificate from the said High Court under Art. 132 (1) of the Constitution as it involved a substantial

question of law, namely, the scope of Art. 16 (4) of the Constitution. It is with this certificate that the appeal has been brought to this court, and the only question which it raises for our decision is about the scope and effect of Art. 16 (4). This question is of considerable public importance though th































































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