On January 14, 1964, the Government clarified its order dated September 12, 1963.
It has number been decided that except in the case of All India Services 10 per cent of the higher posts to be filled by promotion should be reserved for the members of Scheduled Castes, Scheduled Tribes and Backward Classes 9 per cent for the members of Scheduled Castes and Scheduled Tribes and 1 per cent for the Backward Classes subject to the following companyditions a the persons to be companysidered must possess the minimum necessary qualification and b they should have at least a satisfactory record I of service.
The High Court has quashed the promotion of Respondent No.
In case an out of turn promotion has already been given to a candidate belonging to Scheduled Castes Tribes or Backward Classes against a reserved vacancy and then in the same block it happens to be the turn of a candidate belonging to the said castes classes for promotion, such candidate should number be ignored on the ground that 10 per cent reservation has already been exhausted.
Respondent No.
Thereafter by another letter of March 18, 1964, the Government issued further clarification of their aforementioned company munications.
Respondents Nos.
1 moved the High Court of Punjab to quash the promotion of Respondent No.
Ms turn would number be withheld merely for the fact that his number on the select list is number in the first ten.
Appeal from the judgment and order dated November 29, 1966 of the Punjab High Court in Civil Writ No.
Thus, if numberScheduled Castes Tribes Backward Classes candidate is promoted against any of the first 10 vacancies the number of vacancies available to such candidates in the following block will betwo.
Aggrieved by that order Respondent No.
3 was promoted tem porarily as Superintendent ignoring the claim of Respondent No.
1 and 3 to this appeal were both working in the Forest Department of the Government as Head Assistants.
3 belonged to a Scheduled Caste.
So far as Scheduled Castes Tribes are companycerned, the very first vacancy existing on arising after the 12th September, 1963, should retreated as reserved for them and only if numbersuch official is available for promotion against the vacancy reserved for them in the first block of 10 vacancies, a candidate belonging to other Backward Classes may be selected in preference to the remaining officials against one such post only out of one hundred, since the reservation for other Backward Classes may number exceed I per cent.
Up till that date reservation for Scheduled Castes.
That clarification reads To illustrate the above point if there is an official of the Scheduled Castes placed at a position say 73rd in a list prepared for promotion to the higher parts and a vacancy arises therein, he would have precedence over the other 72 officials to benefit out of the first vacancy that occurs on or after 12th September, 1963.
The State of Punjab number substituted by the State of Haryana has brought this appeal after obtaining a certificate from the High Court under Art.
However, if Sheduled Castes Tribes candidates are available to fill one out of every ten vacancies, the specific reservation in favour of other Backward Classes should be the, 51st vacancy.
Scheduled Tribes and Backward Classes was companyfined to initial recruitment.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
it has been under the active companysideration of Government that some reservation in higher grade posts as well should be made for them.
3 and direct the Government to promote him as Superin tendent in the place of Respondent No.
271 of 1966.
The first out of every five initial recruitments was reserved for, Scheduled Castes, Scheduled Tribes or other Backward Classes.
3 Respondent No.
Hence in view of the order of the Government, Respondent No.
One reserved vacancy should be carried over to the next block of ten vacancies in case it cannot be filled up within any block of ten posts.
1 was senior to Respondent No.
1218 of 1968.
The respondent did number appear.
C. Setalvad and R. N. Sachthey, for the appellant.
Since those castes classes are poorly represented in various services in the upper grades under the State Govt.
Sir, I am directed to refer you to the subject numbered above and to say that at present reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes is applicable to new appointments and number to promotions which are governed by companysideration of merit and seniority alone.
The Judgment of the Court was delivered by Hegde, J. On September 12, 1963, the Government of Punjab passed the following order Subject Reservation for the members of Scheduled Castes, Scheduled Tribes and Backward Classes in promotion cases.
