Honble TATIA, J.–The petitioners have filed this writ petition challenging the order of the Central Administrative Tribunal (for short `the Tribunal), Jodhpur dated 11.5.2001 passed in O.A. No. 286/98.

(2). Brief facts of the case are that a Notification dated 8.7.1998 was issued by the petitioners (the railway in particular) to fill up one vacancy of Welfare Inspector in the Grade of Rs. 5000-8000/-. The vacancy was declared reserved for the Scheduled Caste (for short `the SC) candidate. Aggrieved against the reservation of the vacancy, non-petitioners No.1 and 2 submitted Original Application No. 286/98 before the Tribunal, Jodhpur Bench, Jodhpur on the ground inter alia that by filling up one vacancy of Welfare Inspector only from among the reserve category candidates, will amount 100% reservation of the post which is impermissible in law and will deprive the applicant from participating in selection for the post. It was further submitted that in view of the judgment of the Honble Supreme Court delivered in the case of R.K. Sabarwal vs. State of Punjab (1), and in the case of Union of India vs. J.C. Malik & Ors. (2), reservation of SC and ST categories cannot exceed 15% and 7.5%

Click Here to Read the rest of this document