SUPERINTENDING ENGINEER, PUBLIC HEALTH, U.T CHANDIGARH AND ORS. versus KULDEEP SINGH AND ORS.

SUPERINTENDING ENGINEER, PUBLIC HEALTH, U.T CHANDIGARH AND ORS. versus KULDEEP SINGH AND ORS.

Failure to consider the scheduled caste candidate for promotion when no scheduled tribe candidate was available, in adherence to the roster and reservation rules, amounted to violation of constitutional duty. Maintenance and adherence to roster is mandatory and omission or deliberate misinterpretation of carry forward rule does not excuse avoidance of reservation policy.

Parties
Petitioner: Superintending Engineer, Public Health, U.T. Chandigarh and Ors.; Respondent: Kuldeep Singh and Ors.
Jurisdiction
India
Judgment Date
21 January 1997
Procedural Posture
Special Leave Petition (civil) / Supreme Court Final Order
Outcome
Petition dismissed
Legal Topics
Reservation in Promotion, Scheduled Castes and Scheduled Tribes, Carry Forward Rule, Duty of Public Servant, Constitutional Duty
Constitutional Law Administrative Law Reservation in Promotion Scheduled Castes and Scheduled Tribes Carry Forward Rule Duty of Public Servant Constitutional Duty

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Parties

Superintending Engineer, Public Health, U.T. Chandigarh and Ors.

Petitioner

Kuldeep Singh and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Final Order

Legal Issues

  1. 1 Whether the omission to consider the scheduled caste candidate for promotion amounts to violation of constitutional duty and avoidance of implementation of the rule of reservation and roster.
  2. 2 Whether the carry forward rule was correctly interpreted regarding reserved vacancies when no scheduled tribe candidate is available in Chandigarh.

Ratio Decidendi

Failure to consider the scheduled caste candidate for promotion when no scheduled tribe candidate was available, in adherence to the roster and reservation rules, amounted to violation of constitutional duty. Maintenance and adherence to roster is mandatory and omission or deliberate misinterpretation of carry forward rule does not excuse avoidance of reservation policy.

Court Disposition

Petition dismissed

Orders

  • Administrator of Union Territory of Chandigarh to take appropriate action against concerned erring officers and report compliance to the Registry within two months.