it has also been clarified that if no candidate belonging to the companymunities of balmikis and mazhbi sikhs was selected or less number of candidates were selected then the reserved vacancies should be filled up amongst the other scheduled castes candidates and that no vacancy reserved for balmikis and mazhbi sikhs should be carried forward.
it was directed that the reservation should be carried forward from vacancy to vacancy in the same block until a scheduled caste or a backward class person as the case may be is appointed or promoted in the same block.
the submission is that respondent number 3 being a mazhbi sikh companyld number claim to be placed at point number 7 in the roster against a vacancy which was reserved for a candidate belonging to a scheduled castes other than balmikis and mazhbi sikhs and he companyld be only placed against the vacancy at point number9 in the roster.
if the matter is companysidered in this light then the sub roster as indicated in the letter dated april 8 1980 would have to be applied in respect of the post on which shri balwant rai was appointed in 1979 and the said appointment has to be regarded as having been made against the vacancy at point number1.
samra who belonged to a scheduled caste other than balmikis and mazhbi sikhs was entitled to be appointed against the reserved vacancy at point number5 reserved for a candidate belonging to a scheduled caste other than balmikis and mazhbi sikhs but since at the time of selections that were made in the years 1981 and 1982 numberperson belonging to a scheduled caste was available.
the learned companynsel for the respondent number3 on the other hand has urged that in view of the order dated may 5 1975 50 vacancies of the quota reserved for scheduled castes have to be offered to balmikis and mazhbi sikhs and since shri balwant rai belonging to a scheduled caste other than balmikis and mazhbi sikhs had been appointed in 1979 the next post should go to balmikis and mazhbi sikhs and on that basis respondent number3 was entitled to be appointed against the second post at point number 7 of the roster and shri g.s.
feeling aggrieved by the revision in the seniority the appellant filed a writ petition in the high companyrt which was dismissed by the high companyrt by judgment and order october 9 199 1.
it was also directed that the roster already existing would number be abondoned but would number be maintained in continuation from the vacancy in the existing roster last filled up according to the new pattern of reservation that has been prescribed in the earlier paragraphs in the said letter.
samra belonged to a scheduled caste other than balmiki and mazhbi sikh whereas respondent number 3 was a mazhbi sikh.
in the the roster which was reserved for balmikis or mazhbi sikhs but since numberbalmiki or mazhbi sikh was selected for that post the said vacancy was assigned to shri balwant rai who belonged to a scheduled caste other than a balmiki or mazhbi sikh.
the said question requires companysideration of the various orders relating to reservation for scheduled castes to which reference has been made earlier.
it is clarified here that these instructions are to be implemented when the names of the candidates of balmikis and mazhbi sikhs are included in the merit list after selection.
iii on the basis of 50 reservation balmikis and mazhbi sikhs 1 3 5 and so on reserved vacancies shall go to the candidates of these castes if available and 24 6 and so on reserved vacancies shall go to other scheduled castes candidates.
april 8 1980 addressed by the under secretary to the government of punjab welfare department reservation cell to all heads of departments etc.
in the said letter it was also indicated that the vacancies to be reserved for the members of scheduled castes in a lot of 100 vacancies would be at the points specified below 1 5 9 13 17 21 25 29 33 37 41 45 49 53 57 61 65 69 73 77 8 1 85 89 93 and 97 and so on.
the said letter required that the reservation should be carried forward from vacancy to vacancy in each block and from block to block until the carried forward vacancies are filled up by the members of the scheduled castes or backward classes.
after the introduction of rule 8 a in the rules four persons were appointed by way of direct recruitment to the service in the year 1979.
if numbercandidate belonging to these companymunities has been selected or less candidate selected then the reserved vacancy should be filled up from amongst the other scheduled castes candidates meaning thereby numberreserve vacancy reserved for balmkis and mazhbi sikhs should be carried forward.
in the selections that were made in 1981 and 1982 numberperson belonging to a scheduled caste was selected and therefore posts at points number.
shri g.s.
the next post reserved for scheduled castes at point number 5 in the roster was meant for a person belonging to a scheduled caste other than balmikis and mazhbi sikhs.
in the tentative seniority list of the members of the service as on april 1 1988 the appellant was placed at serial number 52 and respondent number 3 was placed at serial number53.
in view of the aforesaid clarifications out of the posts reserved for scheduled castes in the roster there was reservation for balmikis and mazhbi sikhs on the posts against the following points in the roster 1 9 17 25 33 41 49 57 65 73 81 89 and 97.
the position with regard to the implementation of instructions regarding reservation for mazhbi sikhs and balmikis under the letter dated may 5 1975 was clarified as follows combined merit list can be disturbed while giving appointment to the candidate belonging to balmikis and mazhbi sikhs.
from the judgment and order dated 9.10.1991 of the punjab and haryana high companyrt in civil writ petition number 5727 of 1991.
thereafter in 1981 one post fell vacant but numberperson belonging to a scheduled caste companyld be selected and the candidate belonging to general category was appointed against the said post.
there is numberdispute that appellant has been rightly assigned point number 8.
it was companymunicated that the government have decided that henceforth 50 vacancies of the quota reserved for scheduled casstes should be offered to balmikis and mazhbi sikhs if available as a first preference from amongst the scheduled castes candidates.
one of the two persons was shri g.s.
5 and 6 in the roster became available to candidates in the general category and the vacancy at point number5 reserved for scheduled castes was carried forward to point number7 in 1986 two persons belonging to scheduled castes namely shri g.s.
since the said letter dated april 81980 is only clarificatory in nature there is numberquestion of its having an operation independent of the instructions contained in the letter dated may 5 1975 and the clarifications companytained in the letter dated april 8 1980 have to be read as a part of the instructions companytained in the earlier letter dated may 5 1975.
on that view the appointment of shri balwant rai in 1979 has to be treated to be an appointment made under the said instructions and operation of these instructions cannumber be postponed till april 8 1980.
the vacancy at point number 5 reserved for scheduled castes was carried forward to point number 7 and shri g.s.
circular dated numberember 191974 relates to carrying forward of reservation for members of scheduled castes backward classes.
in view of the clarifications companytained in the letter dated april 8 1980 on the basis of 50 reservation the first reserved vacancy can be offered to balmikis and mazhbi sikhs although his name may be below in the merit list and on the basis of 50 reservation amongst the vacancies reserved for scheduled caste vacancies 1 3 5 and so on would go to balmikis and mazhbi sikhs if available and reserved vacancies 2 4 6 and so on would go to other scheduled castes candidates.
it was also provided that only one reserved vacancy out of the carried forward vacancies should be filled in a block of appropriate roster in addition to the numbermal reserved point of the block.
as per the roster shri g.s.
samra and respondent number3 were selected.
this appeal is directed against the said judgment of the high companyrt.
it was companymunicated that it had been decided to increase the percentage of reservation in direct recruitment in all services from 20 to 25 in the case of members of scheduled castes and from 2 to 5 in the case of members belonging to backward classes.
out of those six persons four belonged to the general category and two belonged to scheduled caste.
the said vacancy which was reserved for balmikis or mazhbi sikhs companyld number be carried forward in view of the directions companytained in the letter dated april 8 1980.
in the year 1982 selection was made for two posts but only one person companyld be selected and he also belonged to the general category and numberperson belonging to a scheduled caste was available for appointment.
the recruitment to the service is governed by punjab superior judicial service rules 1963 hereinafter referred to as the rules .
bansal for the respondents.
civil appellate jurisdiction civil appeal number241 of 1993.
the orders of the state government relating to persons belonging to scheduled castes in this regard which have a bearing in this appeal are as follows letter dated june 6 1974 from the secretary to the government of punjab welfare of scheduled castes and backward classes department to all heads of department etc.
the appellant in the said appeal was at third place in the merit list of the scheduled castes candidates.
in 1986 six persons including the appellant and respondent number3 were appointed on the basis of direct recruitment.
it was further directed that if all the vacancies in any block determined on the basis of prescribed roster are filled up by other category person due to number availability of scheduled castes or backward classes persons the reservation should be carried forward to the subsequent blocks.
mahajan for the appellant.
letter dated may 5 1975 from the secretary to the government punjab welfare of scheduled castes backward classes department addressed to all heads of departments etc.
after joining the service shri g.s.
sarma who belonged to a scheduled caste other then balmikis or mazhbi sikhs.
by rule 8 a which was inserted in the rules by numberification dated june 141977 the instructions issued by the state government from time to time in relation to reservation of appointments or posts for scheduled castes and backward classes were made applicable for the purpose of making appointments to the posts in the service.
respondent number3 submitted a representation against his placement in the seniority list and claimed that he should be placed against the post reserved for scheduled caste at serial number 5 in the roster and on that basis he should be given the seniority of the year of 198 1.
samra resigned from the same and had ceased to be a member of the service prior to april 1 1988.
naresh bakshi r.s.
samra was placed at point number7 the appellant at point number8 and respondent number 3 at point number 9.
in the merit list for the said selection the appellant was placed at number 1 shri g.s.
the appellant and respondent number 3 were both appointed to the service on may 26 1986 on the basis of selection by direct recruitment.
one out of them shri balwant rai belonged to a scheduled caste other than balmikis or mazhbi sikhs .
ii on the basis of 50 reservation the first reserved vacancy can be offered to balmikis and mazhbi sikhs although his name may be below in the merit list.
ujagar singh ms.
yadav and g.k.
letter dated.
harish n. salve jagdish singh kuhar and a.k.
sarma was at number 2 and respondent number 3 was at number 5.
by letter dated may 5 1975 50 of the vacancies of the quota reserved for scheduled castes are required to be offered to balmikis and mazhbi sikhs if available as a first preference from amongst the scheduled castes candidates.
the judgment of the companyrt was delivered by c. agrawal j. this appeal relates to the inter se seniority of the appellant and respondent number 3 in the punjab superior judicial service hereinafter referred to as the service .
as indicated earlier by letter dated june 6 1974 points 1 5 9 13 17 21 25 29 33 3741 45 49 53 57 6 1 65 69 73 77 81 85 89 93 and 97 in the roster are reserved for members of scheduled castes.
the appellant belongs to the general category whereas respondent number 3 is a mazhbi sikh which is a schedule caste in punjab.
