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On promotion to the higher cadre, the reserved candidate steals a march over general candidates and becomes a member of the service in the higher cadre or grade earlier to the general candidates. Continuous length of service gives him the seniority cannot get re-opened, after the general candidate gets promoted to the higher cadre/grade, though he was erstwhile senior in the feeder cadre/grade. Would a dual principle of seniority of Dalits and Tribes and general candidates is valid and constitutionally permissible? If a positive finding in that behalf is recorded, it would run contrary to the bed role of judicial precedents and it would be fraught with irreconcilable incongruities in matter of integrating employees drawn from different streams to forge into common seniority or promoted according to rule which hitherto is well-trenched in service jurisprudence. In State of U.P. v. Dr. Dina Nath Shukla & Anr. [JT 1997 (2) SC 467 para 8] it was held that the craving for equality generates clash of interest and competing claims amongst the people, for emancipation of the Dalits and Tribes from the pangs of absolute prohibition of legal equality under Articles 15(1) and 16(1). Under Article 15(2) to (4) and Article 16(4) and 4(a) read with the Directive Principles, protective discrimination has poured forth practical content, softened the rigour of legal equality and given practical content of equality in opportunity in favour of unequals to hold an office or post under the State in the democratic governance. In paragraph 9, it is further stated that in a democracy governed by rule of law every segment of the society is entitled to a share in the governance of the country. Permanent bureaucray is a facet of our democratic governance and an integral scheme of the Constitution. Recruitment to a post or an office under State is governed by the Constitution, law and the rules made under proviso to Article 309 of the Constitution or administrative instructions in the absence of statutory rules. Protective discrimination has been upheld by this Court which connotes mitigation of absolute equality in order to achieve equality in result in favour of the disadvantaged segments of the society. Appointment to an office or post gives an opportunity to have equality of status and dignity of person. The object, thereby, is to provide economic equality, Social equality gets realised through facilities and opportunities given to the Dalits and Tribes to live with dignity and with equal status in the society. Economic equality also gives socio economic empowerment, a measure to improve excellence in every walk of life. Equal opportunity of appointment to a post or office is available to all citizens and legitimately and constitutionally entitles them to consider their claims for employment/appointment to an office or post in accordance with rules. Article 335 mandates the State that in the field of competition the claims of Dalits and Tribes shall be taken into consideration consistently with the maintenance in appointment of promotion in favour of Dalit and Tribes is a constitutional right under Article 16(1) and 16(4A) read with Article 46 and other related Articles. Reservation in promotion was upheld by this Court in R.K. Sabarwal & Ors. v. State of Punjab & Ors. [(1995) 2 SCC 745]. It is well settled constitutional principal that reservation in favour of Dalits and Tribes is in favour of the community but not to the individuals belonging to that community, although other ultimate beneficiaries are individuals. In Dr. Jagdish Saran & Ors v. Union of India [(1980) 2 SCC 768], it was held that Dalits and Tribes for the purpose of admission under Article 15(4) stand as a class. "The Constitution has assigned a special place for that factum and the problems of inherited injustice demanding social surgery which, if applied thoughtlessly in other situation, may by a remedy which extenuates their malody." In other words, in social surgery of effectuating actuality in results, reservation in favour of Dalits Tribes is a resultant surgical remedy to the malody. In Dr. Pradeep Jain & Ors. v. Union of India & Ors. [(1984) 3 SCC 654] which was approved in Indira Sawhney's case, discrimination. Now the concept which takes in its sweep every process of equalisation under the canopy of protective discrimination.