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PETITIONER: THE CHIEF GENERAL MANAGERTELECOM KERALA CIRCLETRIVENDRUM & A

       Vs.

RESPONDENT: G. RENUKA & ANR.

DATE OF JUDGMENT:       02/12/1996

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted. We have heard counsel on both sides. This appeal  by special  leave arises  from the order of the Central Admn.  Tribunal, Ernakulam  Bench made  on March  8, 1996 in O.A.No. 157/96.      The admitted  position is  that for  the recruitment of Junior Telecom  Officers 15% of the posts have been reserved in the  matter of  recruitment by promotion. Out of 54 posts that were available under that quota, 43 posts were reserved for general  candidates, 9  posts for Scheduled Castes and 4 posts  for   Scheduled  Tribes.   The  result  of  the  said competitive  examinations   conducted  for   promotion,  was declared  on  February  3,  1995.  Some  of  the  candidates belonging to  the Scheduled  Castes and Scheduled Tribes did not reach  the requisite  standard in securing the marks for promotion.  Therefore,   they   were   not   qualified   for appointment by  promotion. Subsequently,  a Review Committee was constituted  which had  gone  into  the  merits  of  the Scheduled Castes  and Scheduled  Tribes candidates and their selection was  made by  proceedings dated  June 23, 1995 and appointments were  made.  The  respondents  have  challenged their promotion  on the ground that the Government is devoid of such  power. Accepting  their contention the Tribunal has held that  the Government  could carry  forward  the  vacant posts for  future recruitment,  but  could  not  review  the selection and make the appointments. The question is whether the view taken by the Tribunal is correct in law?      Shir Goswamy, learned senior counsel for the appellant, in support  of the  contention that the view of the Tribunal is not  correct placed reliance upon the instructions of the Government as  to the  procedure of  filling up  of reserved vacancies in promotion contained in Circular No. DGP & T No. 26/27/81 (SAN-1),  dated 4.5.81.  Paragraph  11.1  reads  as under :      "In Examinations where the required      number         of         Scheduled      Castes/Scheduled Tribes candidates,      have  not   acquired  the   general      qualifying standards,  the case  of      failed  Scheduled  Castes/Scheduled

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    Tribes   candidates    should    be      reviewed   on    the    basis    of      confidential  report   the  overall      performance in the examination etc.      by a  committee of senior officers,      so    as     to    assess     their      suitability/unsuitability."      A reading  of it  would indicate  that in  examinations where the  required  number  of  Scheduled  Castes/Scheduled Tribes candidates  have not  acquired the general qualifying standards, their  cases should  be reviewed  on the basis of confidential  report,   the  overall   performance  in   the examination etc.  by a committee of senior officers so as to assess their  suitability/unsuitability. In  this  case  the committee of three senior officers of the Department came to be  appointed.   It  had  considered  their  suitability  by considering  previous   records  and   performance  in   the examination and  given them  relaxation of marks and awarded grace marks.  On that basis, they became qualified. This was done on  consideration of their overall confidential reports and  their  performance  in  the  examination.  Under  these circumstances, the  Government was  within  their  power  to review the selection and declare the candidates belonging to Scheduled Castes/Scheduled Tribes as eligible for promotion. Consequently, they  came to  be appointed.  The necessity to carry forward  the vacancies would arise only in cases where the Review  Committee considers and finds them not qualified for three  recruitment years.  There is  no doubt  that  the respondents, as general candidates secured higher percentage of marks  over candidates  belonging to Scheduled Castes and Scheduled Tribes.  But  that  is  not  the  correct  way  to consider the  cases  of  reserved  categories.  Under  these circumstances, it  was not  necessary for  the Government to carry forward  the unfilled vacancies and fill up the vacant posts with the general candidates.      The  appeal   is  accordingly   allowed,  but   in  the circumstances, without costs..