Back
1969 Supreme(P&H) 68
PUNJAB & HARYANA HIGH COURT
Mehar Singh and P.C.Jain JJ.
Udey Singh Todar Singh
Versus
State Of Haryana
Civil Writ No. 441 of 1967,1675 of 1968,
L. P. A. No. 162 of 1968,
Decided On : MAY 19, 1969
Reservation policies based on caste or community are unconstitutional and violative of Articles 16(1) and (2) of the Constitution, which guarantee equality before the law and prohibit discrimination on the basis of caste, religion, race, sex, or place of birth.
Headnote:
ASSISTANTS - SENIORITY - PROMOTION - RESERVATION FOR SCHEDULED CASTES AND BACKWARD CLASSES - VALIDITY - REVERSION OF PROMOTEE - LEGALITY - PUNJAB REORGANISATION ACT, 1966 (31 OF 1966).
Fact of the Case:
The Punjab Government issued a letter on September 12, 1963, reserving 10% of higher posts for promotion to Scheduled Castes, Scheduled Tribes, and Backward Classes. On January 14, 1964, the Government clarified that the first vacancy out of ten should be reserved for Scheduled Castes/Tribes candidates. After the reorganisation of Punjab in 1966, the percentage of reservation was raised to 20%. Hari Chand, a Scheduled Caste Assistant, was promoted as Head Assistant in 1964, superseding Udey Singh and Kidar Singh, who were senior to him. Udey Singh and Kidar Singh challenged the promotion of Hari Chand, arguing that the reservation policy was unconstitutional and that they were not given an opportunity of being heard before their supersession. The Punjab and Haryana High Court quashed the promotion of Hari Chand in 1966, holding that the reservation policy was discriminatory and violated Articles 16(1) and (2) of the Constitution. The Haryana Government reverted Hari Chand to the position of Assistant in 1967, and promoted Hari Bhagat, another Scheduled Caste Assistant, as Head Assistant.
Finding of the Court:
The Court held that the reservation policy for Scheduled Castes and Backward Classes was unconstitutional and violated Articles 16(1) and (2) of the Constitution. The Court also held that the promotion of Hari Chand was illegal as he was not eligible for promotion and had not fulfilled the qualifications for the post. The Court further held that the reversion of Hari Chand was valid and according to law, as the Haryana Government was bound by the decision of the Punjab and Haryana High Court in Hira Lal's case.
Issues: 1. Whether the reservation policy for Scheduled Castes and Backward Classes was constitutional. 2. Whether the promotion of Hari Chand was legal. 3. Whether the reversion of Hari Chand was valid.
Ratio Decidendi: 1. The reservation policy for Scheduled Castes and Backward Classes was unconstitutional and violated Articles 16(1) and (2) of the Constitution. The policy was discriminatory and violated the principle of equality before the law. 2. The promotion of Hari Chand was illegal as he was not eligible for promotion and had not fulfilled the qualifications for the post. The promotion was made solely on the basis of his caste, which was unconstitutional. 3. The reversion of Hari Chand was valid and according to law, as the Haryana Government was bound by the decision of the Punjab and Haryana High Court in Hira Lal's case.
Final Decision: The Court allowed the appeal of Udey Singh, set aside the judgment and order of the learned single Judge, and dismissed the petition of Hari Chand respondent, leaving the parties to bear their own costs throughout. The Court also dismissed the petitions of Udey Singh and Kidar Singh, as they had become infructuous.
1. This judgment will dispose of Letters Patent Appeal NO.162 of 1968, Udey Singh and Hari Bhagat, appellants, Hari Chand, State of Haryana, and State of Punjab, respondents 1 to 3, Civil Writ No.441 of 1967, Udey Singh, petitioner, State of Haryana, Director of Agriculture, Haryana, and Hari Chand, respondents 1 to 3, and Civil Writ No.1675 of 1968, Kidar Singh, petitioner, V/s. State of Haryana, State of Punjab, Director of Agriculture, Haryana, and Hari Chand, respondents 1 to 4, as the facts of all these three cases are the same. For the sake of facility of reference Udey Singh, Hari Bhagat and Kidar Singh will hereinafter be referred to as the petitioners, and Hari Chand and the others shown as respondents in the three cases will be hereinafter be referred to as the respondents.
2. The facts not having emerged clearly from the records of Letters Patent Appeal No.162 of 1968 and Civil Writs Nos.441 of 1967 and 1675 of 1968, we asked Mr. M. S. Jain, learned counsel for the State of Haryana, respondent, to file a list of seniority among Assistants as on September 12, 1963. E has filed with Letters Patent Appeal No.162 of 1968 an affidavit of Mr. Gurmel Singh, Director of Agriculture, Haryana, respondent. With that affidavit has been filed the seniority list of assistants as on the date given above, and it is marked annexure ra-1, with which is also attached a list of vacancies of Head Assistants that occurred after September 12, 1963. In annexure ra-1 the seniority of Assistants on September 12, 1963, so far as relevant for the purpose of these cases, has been shown in the mannerserial Name. Allocation.1. Bhagat Singhpunjab.2. Kidar Singh (Petitioner) Haryana.
3. Gurcharan Singh Punjab.
4. Ram Sarup Jain Haryana.
5. Alakh Niranjan Dass Haryana.
6. Sushil Chand Rishi Haryana.
7. Rikhi Ram Punjab.
8. Sita ram Bali Haryana
9. Piara Singh Punjab.
10. Inder Nath Bhandari Haryana.
11. Dharam Vir Punjab.
12. Udey Singh (Petitioner) Haryana.
13. Jang Bahadur Haryana.
14. Gurbachan Singh Punjab. ** * * ** * * 17. Hari Bhagat (Petitioner) Haryana (Scheduled Caste) ** * * ** * * 42. Hari Chand (Respondent) Haryana (Scheduled Caste) This was the seniority list of the Assistants in the former Punjab State before its reorganisation on and from November 1, 1966, under the provisions of the Punjab Reorganisation Act, 1966 (Act 31 of 1966 ).3. On September 12, 1963, the Punjab Government in the Scheduled Casts and Backward Classes Department issued a letter, copy annexure a-1 to Hari Chand respondents Civil Writ No.2189 of 1967, decided on February 13, 1968, by a learned Single Judge, against whose order Udey Singh and Hari Bhagat, petitioners, have preferred Letters Patent Appeal No.162 of 1968. In that letter, which was addressed to all the Heads of Departments, Commissioners of Divisions, Deputy Commissioners, the District and Sessions Judges, and the Registrar of the High Court, the Government said that "it has now been decided that except in the case of All Indian Services 10% of higher posts to be filed by promotion should be reserved for the members of Scheduled Cast, Scheduled Tribes and Backward Classes (9% for the members of Scheduled Casts and Scheduled Tribes and 1 per cent for the Backward Classes) subject to the conditions (a) that the persons to be considered must possess the minimum necessary qualifications, and (b) that they should have at least satisfactory record of service. On January 14, 1964, the Punjab Government took a decision as conveyed in its letter, copy annexure "c" to Udey Singh petitioners Civil Writ No.441 of 1967, and in Clause (e) of paragraph 2 of it the Government said that so far as Scheduled Casts/tribes are concerned, the very first vacancy existing on/arising after the 12th September, 1963, should be treated as reserved for them only; and if no such official is available for promotion against the vacancy reserved for them in the first block of 10 vacancies, a candidate belonging to other Backw
