Point of Law: If the number of S.C candidates, who by their own merit, can be selected to general vacancies, class or even exceed the percentage of reserved candidates, it cannot be said that the reservation quota in S.C. quota stands filled. The entire selection is in addition to the reservation against the general category.

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. This writ petition has been filed for the grant of following substantive relief:

“(i) That a writ in the nature of mandamus may kindly be issued for directing the Respondents to follow the reservation roster while carrying out promotion to the post of Block Elementary Education Officer in District Solan in the on-going promotions in pursuant to Annexure P-6, dated 19.8.2021 by offering 7th point to SC and 14th point to the ST category.”

2. The petitioners have pleaded that they were appointed as Junior Basic Trained Teachers (JBT) on tenure basis during the years 1988 and 1989. Their services were regularized on 23.03.1990. They were promoted as Centre Head Teachers on 16.09.2010. The next promotional avenue available from the post of Centre Head Teacher is to the post of Block Elementary Education Officer. The post of Block Elementary Education Officer is to be filled up 100% by way of promotion from the eligible persons in terms of the applicable Recruitment and Promotion Rules.

It has been stated by the petitioners that they were eligible for being considered for promotion to the post of Block Elementary Education Officer. The petitioners further submitted that private respondents No. 4 to 15 were also recruited as Junior Basic Trained Teachers in the year 1989. These respondents were regularized in December 1989. These private respondents belong to Scheduled Caste Category.

3. The case put-forth by the petitioners is that the respondent-department is under obligation to follow 7 point roster for providing reservation to the Scheduled Caste category and 15 point roster for the Scheduled Tribes category. For filling in vacancies of Block Elementary Education Officer now available/going to be available in near future, the respondent-department has prepared a panel for promotion of eligible officers from the feeder channel, wherein private respondent Nos. 4 to 15 have been placed over and above the petitioners. The grievance of the petitioners is that the panel prepared by the respondents-department is not legal & valid as vacancies in question are meant for employees belonging to General Category and private respondents No. 4 to 15 can not be considered against the vacancies meant for General category. They could be considered only against their own roster points meant for reserved category.

4. Respondents in their reply have clearly stated that respondents No. 4 to 15 though belong to reserve categories, however, in the seniority list of Centre Head Teachers, they rank senior to the petitioners. Hence the private respondents were eligible for promotion as per their turn, even in General category by virtue of their higher seniority positions in the final seniority list.

5. Observations:

(i) The petitioners have not disputed the final seniority list of Centre Head Teachers, wherein respondents No. 4 to 15 occupy higher seniority positions than enjoyed by the petitioners.

(ii) In Civil Appeal No. 3314/2010 (Union of India and Others vs. Gopal Meena and Others) decided by the Hon’ble Apex Court on 10.08.2022, the Central Administrative Tribunal had ordered for separate zone of consideration for promotion of Scheduled Caste/Scheduled Tribe candidates. The orders were affirmed by the High Courts. Appeals were filed before the Hon’ble Apex Court by Union of India. The contention of the appellant was that there cannot be a separate zone of consideration for each category of the officials. The zone of consideration is in respect of the candidates falling in the seniority list. The candidates belonging to Scheduled Caste and Scheduled Tribe were given relaxation to extend zone of consideration up-to five times of vacancies. It was argued that effect of order passed by the High Court would be that all eligible candidates at whatever position in the seniority list, would fall within zone of consideration, though they may be lowest in the list. Whereas relying upon R.K. Sabharwal and Others vs. State of Punjab,