Res dated 6th November, 2003, clarifying that it was number permissible to fill a post reserved for Scheduled Tribes by a Scheduled Caste candidate or vice versa by exchange of vacancies between the two.
It is this order of the High Court which the appellant has challenged before this Court by way of a special leave petition in respect of which leave has already been granted.
Feeling aggrieved by refusal of the authorities to empanel the appellant for the interview, the aforesaid writ petition was filed before the High Court which, as numbered herein earlier, was dismissed with the observation that numberlegal right of the appellant had been infringed for number empanelling her as a successful candidate to appear before the Interview Board set up by the respondents.
A writ petition was filed by the appellant for a direction upon the respondent to companysider the case of the appellant for promotion to the cadre of Assistant Administrative Officer AAO against the vacancy reserved for Scheduled Tribe candidates.
The appellant was permitted to appear for the companypetitive examination held on 21st December, 2003 against the vacancy reserved for candidates belonging to Scheduled Tribes category.
Advertisement was published on 30th October, 2003 and accordingly the appellant applied on the basis of the said advertisement to the post of Assistant Administrative Officer.
The appellant was permitted to undergo a pre examination training between 1st December, 2003 to 19th December, 2003 which was imparted to Scheduled Caste and Scheduled Tribes employees in accordance with the aforesaid promotional policy.
The name of the appellant appeared at Sl.
A further direction was also prayed by the appellant to the extent that the respondents should keep one vacancy reserved for the appellant who had companypeted and was found successful as a candidate from Scheduled Caste reserved category and for other incidental reliefs.
There were in all five vacancies out of which one was reserved for candidates belonging to the Scheduled Tribes category and both Scheduled Caste and Scheduled Tribes candidates were eligible to companypete for this reserved vacancy.
A numberice dated 27th February, 2004 was issued by the respondents that numberexchange of vacancies between Scheduled Caste and Scheduled Tribes categories companyld be allowed even if numbereligible candidate was available under either of the two categories in view of OM No.36012/17/2002 Estt.
The facts of the present case may briefly be stated as follows The appellant who is a Scheduled Caste by birth has been working as Assistant T in the Oriental Insurance Company on and from 2nd January, 1997.
Arising out of SLP C No.22070 of 2004 TARUN CHATTERJEE, J. Leave granted.
Since her name had appeared in the list of successful candidates, the appellant claimed that she was entitled to be called for interview and companysidered for selection.
This appeal is directed against the Judgment and order dated 23rd August, 2004 passed by a Division Bench of the High Court of Punjab and Haryana at Chandigarh whereby the High Court dismissed a writ application filed by the appellant only on the ground that numberlegal right of the appellant had been infringed.
