THE CHIEF GENERAL MANAGER TELECOM KERALA CIRCLE TRIVENDRUM AND ANR.versusG. RENUKA AND ANR.

A        THE CHIEF GENERAL MANAGER TELECOM KERALA
                 CIRCLE TRIVENDRUM AND ANR.
                                         v.
                            G. RENUKA AND ANR.

                               DECEMBER 2, 1996
B
                 [K. RAMASWAMY AND G.T. NANA VAT!, JJ.]
                                                                                   '
          Service Law-Promotion-Scheduled Castes and Scheduled
    Tribes-Failure to acquire requisite standar~Power of Government to review
C   suitability-Government Circular No. DGP & T No. 26127181 (SAN-I), dated
    4.5.81-/1.ecndtment of Junior Telecom Officers-Examinations conducted for
    promori01.-Candidates belonging to SC/ST not attaining requisite stand-
    ar~Subsequently Review Committee constituted which selected
    thein-Respondents belonging to general category had attained higher
D   marks-They challenged the promotion proceedings-Tribunal held that the
    Govemment could cany forward the vacant posts for future recruitment, but
    could not review the selection and make the appointments-Appeal before
    Supreme Cowt-Held Constitution of Review Committee was vali~t con-
    sidered the suitability of SC/ST candidates by considering previous records
    and perfomiance in the examination and gave them relaxation of marks and
E   awarded grace mar/Q-On that basis, they became qualifie~This was done
    on consideration of their overall confidential reports and their performance
    in the examination-Therefore, the Govemmellt was within their power to
    review the selection-The necessity to cany forward the vacancies would arise
    only in cases where the Review Committee considers and finds them not
F   qualified for three recruitment years.

            CIVIL APPELLATE JURISDICTION : Civil Appeal No. 16673 of
    1996.

            From the Judgment and Order dated 8.3.96 of the Central Ad-
G ministrative Tribunal, Ernakulam Kerala in 0.A. No. 157 of 1996.
            N.N. Goswamy, Wasim Qadri and C.V.S. Rao for the Appellants.

            K.M.K. Nair for the Respondents.

H           The following Order of the Court was delivered :
                                        436
   CHIEF GEN. MANAGER, TELE<XJM KERALA CIRCLE TRI VEND RUM" G. RENUKA   437

      Leave granted. We have heard counsel on both sides.                     A

      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.
                                                                              B
       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. c
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 promo-
tion. Subsequently, a Review Committee was constituted which had gone
into the merits of the Scheduled Castes and Scheduled Tribes candidates D
and their selection was made by proceedings dated June 23, 1995 and
appointments were made. The respondents have challenged their promo-
tion 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 E
taken by the Tribunal is correct in law?

       Shri Goswamy, learned senior counsel for the appellants, 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 for      F
filing 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 Cas- G
        tes/Scheduled Tribes candidates, have not acquired the general
        qualifying standards, the case of failed Scheduled Cas-
        tes/Scheduled 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."                                        H
    438                     SUPREME COURT REPORTS [1996] SUPP. 9 S.C.R.

A          A reading of it would indicate that in examinations where the re-
    quired 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 examina-
    tion etc. by a committee of senior officers so as to assess their suitability/un-
    suitability. In this case, the committee of three senior officers of the
B   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
C   circumstances, the Government was within their power to review the
    selection and declare the candidates belonging to Scheduled Cas-
    tes/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
D   qualified for three recruitment years. There is no doubt that the respon-
    dents, 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
E   candidates.

             The appeal is accordingly allowed, but in the circumstances, without
    costs.

    T.N.A.                                                         Appeal allowed.