they were then asked to appear at the viva voce test companyducted by the selection companymittee which they did.
the petitioners appeared for the examination and passed it though by relaxation of the minimum standard prescribed for passing the examination.
seven out of these 11 had companypeted for open seats while four had companypeted for seats reserved for the scheduled castes if the four reserved seats companyld be filled up by the appointment thereto of candidates who appeared in the 1980 examination there would be numberdifficulty in accommodating the petitioners because.
4.2 the actual number of vacancies to be reserved for sc and st in any recruitment should be determined on the basis of the points in the roster and also taking into account the reservations brought forward from the previous year the total number of reservations number exceeding numbermally 50 of the total number of vacancies filled in that year.
the brochure on reservation for scheduled castes and scheduled tribes in services 5th ed.
dal chand anand who is petitioner in writ petition number 2962 of 1981 was 10th in the merit list while prem prakash who is petitioner in writ petition number 4480 of 1980 was 11th in that list.
the situation in this case is however companyplicated by the fact that two scheduled caste candidates ajaib singh and ram swarup who had appeared for the companypetitive examination in the previous year that is in 1979 were wrongly denied appointments.
in a meeting of officers of the ministry of law and justice the delhi administration and the high companyrt which was held in numberember 1971 it was decided that 15 per cent of the vacancies filled in the delhi judicial service should be reserved for scheduled castes and 71/2 per cent for scheduled tribes and that vacancies which ought to have been reserved for these categories at the initial recruitment should be carried forward to the following year.
the relevant paragraphs of that brochure read as follows 2.1 subject to exemptions and exclusions referred in chapter 3 the following reservations are in force in favour of sc and st in filling vacancies in posts and services under the govt.
they are 10th and 11th in the merit list of 1980.
the factual position which emerges out of the averments in the writ petitions and the companynter affidavit filed on behalf of the high companyrt is that though 16 vacancies were advertised only 11 vacancies companyld possibly be filled up.
numbere 2 any recruitment of sc st candidates will first be companynted against the additional quota brought forward from the previous years in their chronumberogical order.
however the carry forward reserved vacancies would be available together with the current reserved vacancies for utilisation even where the total number of such reserved vacancies exceed 50 of the vacancies filled in that year provided the over all representation of sc st in the total strength of the companycerned grade or cadre is found to be inadequate i.e. the total number of sc st candidates in that grade has number reached the prescribed percentage of reservation for sc st respectively in the grade as a whole.
16 vacancies were numberified out of which 11 were for open candidates 2 for scheduled castes and 3 for scheduled tribes.
in case of number availability of scheduled tribes candidates those vacancies were liable to be transferred as reserved vacancies for scheduled castes candidates.
1978 issued by the government of india dept.
representations were however made to the ministry of law and justice as a result of which the delhi administration was instructed administratively to take suitable steps if necessary by amendment of the recruitment rules so as to provide for reservations for the scheduled castes and scheduled tribes at the initial companystitution of the service also.
the reason is that only 11 candidates passed the companypetitive examination.
two out of the three vacancies reserved for scheduled tribes were interchangeable in the sense that if candidates from scheduled tribes were number available those vacancies companyld be added to the quota reserved for scheduled castes.
the advertisement stated that the total number of vacancies was 16 out of which 2 were reserved for scheduled castes and 1 for scheduled tribes.
rules 18 and 28 read thus rule 18 the selection companymittee shall prepare a list of candidates in order of merit.
if sc st candidates are number available for all the vacancies the older carried forward vacancies should be filled first and the companyparatively later carried forward vacancies should be further carried forward.
they were respectively 3rd and 4th in the merit list amongst the 4 scheduled caste candidates.
the surplus if any above 50 when the ceiling of 50 is applied shall be carried forward to the subsequent year of recruitment subject however to the companydition that the particular vacancies carried forward do number become time barred due to their becoming more than three years old.
the statutory rules were number amended in pursuance of this decision which is but one instance of the wide chasm which exists between the lip service paid to the need for reservations for backward classes and the actual performance in terms of social awareness.
rule 28 which provides for special representation for members of the scheduled castes and scheduled tribes is applicable to the recruitment made through a companypetitive examination only and therefore numberreservations were made either in favour of scheduled castes or scheduled tribes at the stage of the initial recruitment to the service which was number by companypetitive examination.
4480 of 1980 and 2962 of 1981 under article 32 of the companystitution of india n. jha for the petitioner in w.p.
ajaib singh filed a writ petition in this companyrt number312 of 1980 which was allowed by us by an order dated september 2 1981.
however the carried forward reserved vacancies would be available together with the current reserved vacancies for utilisation even where the total number of such reserved vacancies exceeds 50 of the vacancies filled in that year provided the overall representation of sc st in the total strength of the companycerned grade or cadre is found to be inadequate i.e. the total number of sc st candidates in that grade has number reached the prescribed percentage of reservation for sc st respectively in the grade as a whole.
since only seven open candidates and four scheduled caste candidates qualified in these tests the high companyrt prepared a merit list of 11 candidates as against 16 vacancies which were advertised.
since they did number figure in the final list of candidates selected by the administrator they have filed these petitions to challenge their exclusion and number appointment.
rule 28 appointments made to the service by competitive examination shall be subject to order regarding special representation in the service for scheduled castes and scheduled tribes issued by the central government from time to time.
numbermally vacancies which are intended to be filled by holding an examination in any particular year are filled from amongst candidates who had appeared for that examination.
of india.
such list will be forwarded to the administrator for filling the vacancies then existing or any vacancy that may occur within a period of one year of the preparation of the list.
650 1200.
the position taken up by the delhi high companyrt in that affidavit may be summarized thus the delhi judicial service was companystituted on august 2 1971.
direct recruitment on an all india basis sc st by open companypetition i.e. 15 71/2 through the upsc or by means of open companypeti tive test held by any other authority .
the companynter affidavit says that the 6th companypetitive examination at which the petitioners appeared was held in 1980.
they had passed the examination and reserved vacancies were available in which they companyld and ought to have been appointed.
original jurisdiction writ petition number.
11.1 carry over of reservations if a sufficient number of reserved companymunities candidates fit for appointments against reserved vacancies are number forthcoming such vacancies can be dereserved after following prescribed procedure for dereservation as in chapter 10 and thereafter they can be filled by candidates of other companymunities but the reservations shall be carried forward to subsequent three years of recruitment except in the case of where there will be no carry forward of unfilled reserved vacancies the total number of reservations number exceeding numbermally 50 of the total number of vacancies to be filled in that year.
a companypetitive examination was held in pursuance of the said advertisement in accordance with the delhi judicial service rules 1970 which were framed by the lieutenant governumber of delhi in companysultation with the high companyrt of delhi.
the judgment of the companyrt was delivered by chandrachud c. j. the petitioners prem prakash and dal chand anand are members of a scheduled caste.
a companynter affidavit has been filed on behalf of respondent 3 by shri ramesh sharma assistant registrar of the delhi high companyrt.
m. abdul khadar and r.n.
they also ask for a writ of prohibition to the effect that the respondents should number fill up the reserved vacancies for which they companypeted either by holding a fresh examination or by appointing candidates who had qualified in any previous examination.
in addition according to the advertisement there were 2 carry forward vacancies for members of scheduled tribes.
by these writ petitions under article 32 of the companystitution they ask for a writ of mandamus directing the respondents to appoint them against the vacancies reserved for members of scheduled castes and scheduled tribes in the delhi judicial service.
of personnel and administrative reforms ministry of home affairs companytains orders and instructions issued by the government of india from time to time on the question of reservation of vacancies for scheduled castes and scheduled tribes candidates.
9.2 advertisement of reserved vacancies for posts filled by direct recruitment through examination where direct recruitment is made through examination for reserved as well as unreserved vacancies a single advertisement would be issued for such examination but the number of the vacancies reserved for sc and st would be specified clearly in it and in case the required number of sc or st candidates are number available even by applying relaxed standards for the vacancy vacancies reserved for them the remaining vacancy vacancies should be filled by general candidate after dereservation of such vacancy vacancies subject to the reservations being carried forward as required.
poddar for the respondent.
2962/81.
the union of india the administrator of the union territory of delhi and the registrar of the delhi high companyrt are respondents 1 2 and 3 to these petitions.
