IN THE SUPREME COURT OF INDIA  CIVIL  APPELLATE JURISDICTION

   CIVIL APPEAL  NO.4455 OF 2008 (Arising out of SLP(C) No.9895/2006)

RAJ KARAN SINGH Appellant(s)

       Versus

STATE OF PUNJAB & ORS.  Respondent(s)

O R D E R

We have heard learned counsel for the parties.

Leave granted.

This appeal by special leave is directed against the Order dated 18th

April, 2006 in Civil Writ Petition No.14465 of 2004 passed by the Division Bench

of the High Court of Punjab and Haryana at Chandigarh whereby the Division

Bench  has  allowed  the  Writ Petition  filed  by  Respondent  No.  3  herein and

quashed the order dated 14th July, 2004 (Annexure P-1) whereby the appellant

herein Raj Karan was shown above Pardaman Singh (R-3) in the seniority list of

Vaidyas.

The brief facts which are necessary for disposal of this appeal are that

Pardaman Singh (R-3 herein) filed a writ petition challenging the order dated 14th

July, 2004 by which he was granted seniority above Raj Karan Singh  (appellant

herein) in the cadre of Vaidyas.  The

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Government issued a Notification that both these candidates are selected for the

post of Vaidyas in 1987.  As per the recommendation of the selection committee

dated 4th June, 1987  Pardaman Singh  (R-3) was placed at No.9 and Raj Karan

Singh,  the  Appellant  before  us,  was  placed  at  S.No.10.   But  because  of  the

Government's  Instructions  dated  5.5.1975  with  regard to  appointment of  the

scheduled castes and scheduled tribes to the effect that out of 50% of the post of

scheduled castes  shall be  reserved for Mazhbi Sikhs/Balmikis and in that Raj

Karan Singh who belong to Balmiki was given appointment against the post of

scheduled caste.   Pardaman Singh was given the next post.   Raj Karan Singh

made a representation against Pardaman Singh for assignment of higher seniority

and claimed seniority against Pardaman Singh on the ground that he has been

appointed against the first vacancy of scheduled caste Mazhbi Sikhs/Balmikis and

therefore, he should be given seniority over Pardaman Singh.  This representation

was acceded by the Government and seniority was changed and Raj Karan Singh

was  given  seniority  above  Pardaman Singh  in  the  cadre  of  scheduled  caste.

Pardaman Singh filed a writ petition and in that writ petition the Division Bench

of the High Court allowed the writ petition

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and held that as per the selection committee's recommendation, Pardaman Singh

has been placed at S.No.9  in merit and Raj Karan Singh has been placed at

S.No.10  in the merit list.   Therefore,  the Division Bench held that Pardaman

Singh who has placed higher in merit by selection committee, should be given

seniority above Raj Karan Singh notwithstanding that Raj Karan Singh has been

appointed on the first scheduled caste vacancy.   The view taken by the Division

Bench appears to be just and proper.  The incumbent can be appointed against

first vacancy but in the same selection if names are arranged according to merit

then person higher in merit can not be lowered down in seniority.    The view

taken  by  the  High  Court,  in  our  opinion,  appears  to  be  just  and  proper.

Therefore, we do not think it proper to interfere in this appeal.  The same is

accordingly, dismissed.

No order as to costs.  

              ....................J.         (A.K.MATHUR)             

                          .....................J.             (DALVEER BHANDARI)

New Delhi, July 16, 2008