Reserved Category Candidates Can Compete For Unreserved Posts, Unreserved Seats Are Open To Competition From All: CAT Jabalpur

It noted that the candidates belonging to Scheduled Castes who compete on their own merit along with general category candidates are not to be counted within the percentage of reservations made for such candidates in the service because they have competed with the general category candidates on their own merit without availing any relaxation for reserved candidates (referred to R.K. Sabharwal and Others v. State of Punjab [(1995) 2 SCC 745]).

Brief Facts:

The Applicants worked as Loco Pilots (Goods) in the Ratlam Division of Western Railway. The General Manager of Western Railway, Mumbai, proposed filling vacant positions on an ad-hoc basis, subject to the outcome of pending SLPs (Special Leave Petitions). The proposal, submitted, stated six reasons. However, the Applicants were unaware of any developments regarding the action taken by the Railway Board. The Applicants approached the Central Administrative Tribunal, Jabalpur (“Tribunal”), and challenged the eligibility list for filing up to 113 posts of loco pilot (passenger) in a pay Scale of 9300-34800 Grade pay 4200 (Level –VI).

The Railways referred to instructions from the Railway Board and HQ, stating that reservation rosters must be strictly maintained. It issued eligibility and suitability lists for promotion to the post of Loco Pilot (Passenger) based on these rules. Additionally, it pointed out that the Jarnail Singh batch of cases is pending in the Supreme Court.

Furthermore, private respondents Nos. 4 to 7 argue in their reply that SC/ST employees, including themselves, were considered for promotion based on seniority and fulfillment of promotion criteria. They were allocated positions according to the post-based roster, with the applicants being UR (Unreserved) employees having no entitlement to promotion against reserved posts.

Observations by the Tribunal:

The Tribunal referred to the instructions from the Railway Board and HQ which emphasized the strict maintenance of reservation rosters in accordance with established guidelines. Notably, it was highlighted that employees from reserved categories, who qualify based on merit, should not be designated against reserved points. Accordingly, eligibility and suitability lists for promotion were issued in adherence to these rules.

Furthermore, the Tribunal noted that despite a proposal for ad-hoc promotions within the running staff category and the issuance of provisional promotion instructions due to high vacancies in the Loco Pilot (Mail/Passenger) cadre, the specific proposal for ad-hoc promotion to the running staff category was not approved by the Railway Board.

The Tribunal referred to the decision of the Supreme Court in R.K. Sabharwal. It clarified that reserved category candidates possess the right to compete for non-reserved posts as well. It noted that candidates from Scheduled Castes who compete solely on merit alongside general category candidates are not to be included within the reservation percentage. The same principle extends to accelerated promotions, where promotions are only applicable against reserved or rostered posts. Thus, when considering further promotion against general category posts, mere prior promotion based on reservation status should not grant undue advantage, as this would contravene principles of equality.

The Tribunal also addressed the fundamental question of whether promotions are contingent upon relative merit or seniority within the cadre. While it acknowledged the reserved nature of certain posts within the Loco Pilot (Goods) cadre, it emphasized that unreserved seats are open to competition from all, including reserved category candidates.

In reviewing the eligibility list for promotion to the post of Loco Pilot (Passenger), the Tribunal noted that SC/ST employees serving as Loco Pilot (Goods) were considered based on their seniority and adherence to promotion criteria. However, the Tribunal noted that Respondents Nos. 4 to 7 were considered against vacant reserved posts in the post-based roster. Given their status as UR (Unreserved) employees, the Tribunal held that they do not hold the right to claim promotion against reserved posts, particularly when senior UR employees are present. The Tribunal noted that the preparation of the list factored in various benchmarks, including merit, seniority, service record, and ACR, with SC/ST candidates occupying unreserved points if they meet the merit criteria.

Therefore, the Tribunal dismissed the original application.

Case Title: Jitendra Kumar Verma and Ors. vs Union of India and Ors.

Case Number: Original Application No.200/00916/2023

Advocate for the Applicant: Shri M.N.Banerjee along with Shri Adeetya Banerjee

Advocate for the Respondent: Shri S.P.Singh, Shri A.K.Soni, Shri S.K.Dagor and Shri Devendra Singh

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