The court upheld the use of the 40 point roster for promotions based on the model roster provided by the Government of India.

1. - This writ petition has been filed challenging the action of the respondents in not following 100 point roster regarding reservation of posts for candidates belonging to SC & ST for their promotion from subordinate cadre to clerical cadre and from clerical cadre to officers cadre in Bank's junior management Grade Scale I.

2. The petitioner is a member of Scheduled Caste and was appointed in United Commercial Bank. According to the petitioner, the respondent Bank is maintaining 40 point roster and it is claimed that now Central Government and all State Governments have substituted 40 points roster by 100 point roster in Government Departments, Semi- Government Departments, Autonomous Bodies, Corporations and number of nationalised Banks and the 100 point roster is being maintained as per guidelines of the Government of India. The action of the respondents interpreting regulation 4.1.(iii) is said to be malafide and contrary to the provisions of law. The arguments of both the learned counsel have been heard. From the BROCHURE for reservation for SC and ST and services issued by Government of India, Chapter 4(1) provides model roster, which is as under :

"4.1 Model rosters

To give proper effect to the reservations prescribed, every appointing authority should treat vacancies as reserved or unreserved according to a model roster each of 40/100 points, as describe below :

(i) Direct recruitment made on an all-India Basis :

(a) by open competition i.e. through the UPSC or by means of open competitive test held by any other authority-as in the roster consisting of 40 points as given in Appendix 1. (for reservation of 15 per cent for SC and 71/2 percent for ST).

(b) otherwise than by open competition-as in roster consisting of 40 points as given in Appendix. 2. (For reservation of 16⅔ per cent for SC and 71/2 per cent for ST.)

(ii) Direct recruitment to Group C and D (Class III and IV) posts normally attracting candidates from a locality or a region-according to a roster consisting of 100 points as given in Appendix 3. (For percentages of reservation fixed generally in proposition to the population of Scheduled Castes and Scheduled Tribes in the respective State/Union Territories.)

(iii) Promotions to which reservations apply-para 2.1 (iii) according to a separate roster on the same pattern as in Appendix 1. (For reservation of 15 per cent for SC and 71/2 per cent for ST). (For percentages of reservation fixed generally in proportion to the population of Scheduled Castes and Scheduled Tribes in the respective States/Union Territories.)

3. On the basis of above model roster, the respondents have stated that in respect of promotions regulation 4(1)(iii) is applicable and the roster has been given in appendix I. Appendix I of the said Brochure provides 40 point roster in which it is mentioned that the same is applicable for direct recruitment in accordance with para 4.1(i)(a) and is also applicable to promotions in accordance with para 4.1(iii). Appendix-2 is again a 40 point roster in accordance with para 4.1(i)(b).

4. The arguments of learned counsel for the petitioner is that now even to 200 point roster has come for reservation of 15 per cent for SC, 7.5 per cent for SC and 27 per cent for OBC which is effective from 8.9.1993 in accordance with notification dated 22nd of October, 1993. It is submitted that very object of these reservations is to fill up the vacancies so that there may be proper representation of SC/ST category or since and if the promotions is not given according to 100 point roster and 40 point roster is applied, then few only would be benefited and not all and because the number of persons are more and are not getting the benefit of the reservation policy, therefore, in accordance with the policy, even for proaction, 100 point roster should be applied.

5. The provisions of para 4.1(iii) as reproduced above, are very clear in its language and have adopted appendix-I which is of 40 point roster. Even if, for promo