Meritorious reserved category candidate scoring above UR cut-off must be placed in UR vacancy, freeing reserved vacancy for next reserved candidate, per post-based roster principles.

ORDER 

By Hon’ble Mrs. Pratima K. Gupta, Member (J) :-

The applicant was initially appointed as Assistant in Kendriya Vidyalaya Sangathan (KVS) on 04.03.2014 through direct recruitment. In the year 2016, the post held by the applicant was re- designated as Assistant Section Officer (ASO). On 17.04.2018, the respondents issued a notification for promotion to the post of Section Officer through Limited Departmental Competition Examination (LDCE). The applicant registered himself online and thereafter, participated in the said examination. He belongs to Reserved Category (SC) and in terms of the result notice, he obtained 81.5436 marks.

2. Learned counsel for the applicant stated that in terms of the result annexed at Page 24 dated 24.12.2018, one candidate who belongs to SC category has obtained 98.6577 marks as against the cut off for UR category and therefore, in terms of the law laid down by the Hon’ble Apex Court, he should have been promoted against the UR category leaving one vacancy for the applicant in the SC category.

Since the respondents have promoted the candidate who had obtained 98.6577 marks under the SC category itself, the applicant has been deprived of the promotion. Aggrieved by the same, the applicant has preferred the instant OA seeking the following reliefs:-

“(i) quash the impugned letter dated 14-02- 2023 as contained at Annexure No. A-1 to the Original Application.

(ii) direct the respondents No.1 to issue the promotion to the applicant for the post of Section Officer from the panel for the year 2018 under SC category with consequential benefits from the date the candidates joined on the post in the year 2018.

(iii) pass any order(s) or further order(s) or direction(s) as be deemed just and proper to meet the ends of justice.

(iv) allow the Original Application with cost.”

3.1 Learned counsel for the applicant submitted that in light of the decision dated 10.02.1995 of the Hon’ble Apex Court in R.K. Sabharwal & Ors. Vs. State of Punjab & Ors. 1995 SCC (2) 745, the respondents were obliged to give the vacancy to the candidate who have participated under the reserved category (SC) and had obtained higher marks than the last selected candidate in the UR category, thereby, leaving one vacancy under the SC category and the applicant makes his claim on the said vacancy. Para 11 of the same is reproduced hereinbelow:-

“11. We may examine the likely result if the roster is permitted to operate in respect of the vacancies arising after the total posts in a cadre are filled. In a 100 point roster, 14 posts at various roster points are filled from amongst the scheduled Casts/ Scheduled Tribes candidates, 2 posts arc filled from amongst the Backward Classes and the remaining 84 posts are filled from amongst the general category. Suppose all the posts in a cadre consisting of 100 posts are filled in accordance with the roster by December 31, 1994. Thereafter in the year 1995, 25 general category persons (out of the 84) retire. Again in the 1996, 25 more persons belonging to the general category persons (out of the 84) retire. Again in the year 1996, 25 more persons belonging to the general category retire. The position which would emerge would be that the Scheduled Casts and Backward Classes would claim 16% share out of the 50 vacancies. If 8 vacancies are given to them then in the cadre of 100 posts the reserve categories would be holding 24 posts thereby increasing the reservation from 16% to 24%. On the contrary if the roster is permitted to operate till the total posts in a cadre are filled by the same category of persons who