Supplementary instructions with regard to this subject were issued by the Government of India on January 28, 1952, of which the relevant portions may be quoted 2 a RECRUITMENT BY OPEN COMPETITION If the candidates of Scheduled Castes, Scheduled Tribes and the Anglo Indian companymunity obtain by companypetition less vacancies than are reserved for them, the difference will be made up by the numberination of duly qualified candidates of these castes, tribes and companymunities, i.e., candidates of these company munities etc.,
On September 13, 1950, the Government of India published a resolution indicating their policy in regard to companymunal representation in the services.
The Go vernment, however, made only 45 appointments out of which 29 were from among the candidates belonging to the Scheduled Castes and Tribes.
The Union Public Service Commission recommended 16 candidates for being appointed in unreserved vacancies and 28 candidates in reserved vacancies.
Under Article 32 of the Constitution of India for the enforcement of fundamental rights.
The petitioner points out that the percentage of marks secured by him at the examination was 61 whereas the percentage of marks secured by some of the 29 candidates from the Scheduled Castes and Tribes was as low as 35 and one of his grievances is that it was number companypetent to the P.S.C. to prescribe one qualifying standard for members of the Scheduled Castes and Tribes and another for the rest of the candidates.
examination 30 by promotion from Grade IV to Grade III on the basis of a departmental examination held at intervals by the U.P.S.C. 30 by promotion from Grade IV on the basis of seniority cum fitness.
Subsequently the U.P.S.C. recommended 2 more candidates belonging to the Scheduled Castes Tribes for the posts.
was delivered by Mudholkar, J., K. Subba Rao J., delivered a dissenting opinion.
In order to understand what the aforesaid rule is it is necessary to refer to certain resolutions of the Government of India in the Ministry of Home Affairs.
Ganapathy Iyer and R. N. Sachthey, for the Respondents.
ORIGINAL JURISDICTION Petition No.
C.J., Raghubar Dayal, N. Rajagopala Ayyangar and J. R. Mudholkar, JJ.
87 of 1963.
On February 6, 1960 the Union Public Service Commision issued a numberification to the effect that a limited companypetitive examination for promotion to the regular tem porary establishment of Assistant Superintendents of the Central Secretariat Service would be held in June, 1.960.
He became permanent on January 1, 1958.
The Judgment of S. K. Das, Acting.
Gopalakrishnan, for the petitioner.
MUDHOLKAR J. The petitioner, who is a graduate, is an Assistant in Grade IV of the Central Secretariat Service, having been recruited therein in the year 1956.
The result of this examination was announced by the Union Public Service Commission in April, 1961.
August 29, 1963.
The numberification further stated that a reservation of 12 1/2 of the vacancies would be made for members of the Scheduled Castes and 5 for members of Scheduled Tribes.
It may be mentioned that the number of vacancies which were expected to be filled was stated to be 48 out of which 16 were unreserved and the remaining 32 reserved, though in fact the U.P.S.C. recommended the names of only 30 candidates for the latter class of vacancies.
