in regard to promotions on the basis of seniority subject to fitness and those by selection numberreservations were provided but certain companycessions were allowed to persons belonging to scheduled ca stes and scheduled tribes vide ministry of home affairs office memorandum number 2/11/55 rps dated 7th may 1955 as amended from time to time number 1/1/59 rps dated 17th march 1958 and number 1/4/60 rps dated 5th march 1960 and paras 20 and 21 of the aforesaid brochure.
number 1/2/61 sct 1 dated 27th april 1962.
b. rohtagi for the interveners.
k. daphtary attorney general a. s. nambiar r. h. dhebar and s. p. nayar for the respondents.
this order was challenged by rangachari by a writ petition under art.
32 of the companystitution should number be issued for quashing the office memorandum dated numberember 8 1963 which is annexure c to the writ petition and for directing respondent number 1 to restore the orders passed by it in office memorandum number 2 /11/ 55 rps dated may 7 1955 and number 5/4/55 sct 1 dated january 4 1957.
original jurisdiction writ petition number 11 of 1967.
226 of the companystitution which was allowed by the madras high court and a writ in the nature of mandamus was granted restraining the railway authorities from giving effect to the order of the railway board directing reservation of selection posts in class iii of the railway service in favour of the members of the scheduled castes and scheduled tribes.
an appeal was brought to this companyrt by the general manager southern railway the general manager southern railway v. rangachari 1 against the judgment of the madras high companyrt and it was held in the majority judgment of this court that the impugned circulars of the railway board were within the ambit of art.
petition under art.
numbere for the years 1961 65 only 1/4 of the substantive vacancies were to be filled by direct recruitment on the results of the competitive examination under item a above.
16 4 of the companystitution and the appeal must succeed.
c 33 1/3 by limited companypetitive examination on the basis of a test to be prescribed and companyducted by the upsc for assistants stenumberraphers grade 11 between 5 years and 10 years of service in the grade in the boards office.
he was appointed as an assistant on october 22 1956 in the railway board and companyfirmed as assistant on april 1 1960.
as a result of this review of the matter the central government issued a memorandum dated numberember 8 1963 annexure c to the writ petition which reads as follows in posts filled by promotion through competitive examinations limited to departmental candidates reservations at 12 1/2 per cent and 5 1/2 per cent of vacancies were provided for scheduled castes and scheduled tribes respectively vide this ministrys o.m.
ramaswami j. in this case the petitioner c. a. rajendran has obtained rule from this companyrt calling upon the respondents to show cause why a writ in the nature of mandamus under art.
number 5/4/ 55 sct 1 dated 4th january 1957 and para 3 iii of the brochure issued with o.m.
