SALES TAX COMMISSIONER ETC. ETC. versus B.G. PATEL ETC. ETC.

SALES TAX COMMISSIONER ETC. ETC. versus B.G. PATEL ETC. ETC.

The proviso to Rule 11-A allows the appointing authority to relax the minimum experience requirement for promotion in reserved posts when sufficient candidates with the prescribed experience are not available, provided that the promotees possess at least two-thirds of the required experience. This interpretation preserves both the main rule and the proviso, harmoniously fulfilling the objective of enabling reservation for Scheduled Tribes when posts would otherwise remain unfilled.

Parties
Petitioner: Sales Tax Commissioner; Respondent: B.G. Patel
Jurisdiction
India
Judgment Date
03 January 1995
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appellate Decision
Outcome
Petition dismissed
Legal Topics
Reservation in Promotion, Relaxation of Experience Requirement, Interpretation of Proviso, Scheduled Tribes Reservation
Service Law Reservation in Promotion Relaxation of Experience Requirement Interpretation of Proviso Scheduled Tribes Reservation

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Parties

Sales Tax Commissioner

Petitioner

B.G. Patel

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether the proviso to Rule 11-A of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1985 enables the appointing authority to relax the experience requirement for promotion where adequate candidates are not available among Scheduled Tribes.
  2. 2 Whether the main part of Rule 11-A is rendered redundant by interpreting the proviso to allow such relaxation in every case where the prescribed experience is unavailable.

Ratio Decidendi

The proviso to Rule 11-A allows the appointing authority to relax the minimum experience requirement for promotion in reserved posts when sufficient candidates with the prescribed experience are not available, provided that the promotees possess at least two-thirds of the required experience. This interpretation preserves both the main rule and the proviso, harmoniously fulfilling the objective of enabling reservation for Scheduled Tribes when posts would otherwise remain unfilled.

Court Disposition

Petition dismissed

Orders

  • Cases of the respondents to be considered for promotion by granting the benefit of the proviso to Rule 11-A.
  • Delay condoned.