Point of Law: It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.

JUDGMENT :

A. Introduction

1. Reservation is a form of affirmative action that provides predetermined representation in education, employment, government schemes, scholarships and political representation to a disadvantaged group. The system of reservation existed in India even before independence. Post-independence the system of reservation came to be imbibed in our Constitution. Initially, it was introduced for a time span of 10 years as per Article 334 of the constitution of India. Post 10-year period, the parliament found the necessity to continue the system of reservation to overcome many years of societal and cultural discrimination of certain sections of society and as such it continues to hold the ground even after 75 years of Independence.

2. Under our Constitution, reservations do not refer to the sharing of state power by all social groups, but rather it refers to inclusion of subordinated and marginalised groups, who were socially and culturally backwards due to various reasons to be included in the main-stream. Thus, the reservation in that sense, in our constitution, means an inclusive remedy for upliftment of these downtrodden and essentially is participatory in nature, so that the backward classes are not only brought at par to the main-stream, but they also play an active role in the development, administration, progressive equality and achievement of our country.

3. While Article 15 of our constitution relates to reservation in Education Institutions, Article 16 relates to reservation in public employment. Interestingly, the word "backward" used in both the Articles are of utmost significance and that is the word, which has found itself in the epicentre of controversy, ever since the Article existed. Although, it was the Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar that inserted the word "backward" in between the words "in favour of any" and "class of citizens" as mentioned in Article 16(4) of our constitution and eventually it was left to the respective states to determine as to who could be called backward. However, the meaning of the word "Backward" as should be understood in today's progressive India could be found from the explanation of Shri K.M. Munshi, who was a member of the drafting committee of our constitution. In a debate in the constituent assembly relating to Article 16 of our constitution (which was originally introduced as Article 10), after the discussion proceeded for some time relating to the insertion of the word "backward" and it was contended by the members of the constituent assembly that the said word was vague, Sri K.M. Munshi, rose to the occasion to explain the content of the word 'backward' in the following words :

"What we want to secure by this clause are two things. In the fundamental right in the first clause we want to achieve the highest efficiency in the services of the State-highest efficiency which would enable the services to function effectively and promptly. At the same time, in view of the conditions in our country prevailing in several provinces, we want to see that backward class, classes who are really backward, should be given scope in the State services; for it is realised that State services give a status and an opportunity to serve the country, and this opportunity should be extended to every community, even among the backward people. That