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(14) : Wherever the reserved vacancies for Scheduled Castes and Scheduled Tribes in all cases of promotion have remained unfilled in the earlier year or years, the backlog and/or carried forward vacancies would be treated as a separate and distinct group and will not be considered together with the reserved vacancies of the year in which they are being filled up for determining the ceiling of fifty percent reservation on total number :: 13 ::

of vacancies of that year. In other words, the ceiling of fifty percent on filling up of reserved vacancies would apply only on the reserved vacancies which arise in the current year and the backlog/carried forward reserved vacancies for Scheduled Castes or Scheduled Tribes of earlier year or years would be treated as a separate and distinct group and would not be subject to ceiling of fifty percent :

(16) : Wherever the reserved vacancies for :: 14 ::

Scheduled Castes and Scheduled Tribes in all cases of promotion have remained unfilled in the earlier year or years, the backlog and/or carried forward vacancies would be treated as a separate and distinct group and will not be considered together with the reserved vacancies of the year in which they are being filled up for determining the ceiling of fifty percent reservation on total number of vacancies of that year. In other words, the ceiling of fifty percent on filling up of reserved vacancies would apply on the reserved vacancies which arise in the current year and the backlog/carried forward reserved vacancies for Scheduled Castes or Scheduled Tribes of earlier year or years would be treated as a separate and distinct group and would not be subject to ceiling of fifty percent :

connection with the affairs of the State.

9. Roster : (i) There shall be maintained rosters invariably by every appointing authority in the prescribed forms as shown in Schedule-I for backlog vacancies of Scheduled Castes category and in schedule-II for the backlog vacancies of Scheduled Tribes category and in Schedule-III of the existing vacancies of the relevant year appended to these rules in respect of cadre/part of the service/pay scale of post to be filled up by promotion. The rosters shall be maintained separately for each such cadre/part of the service/pay scale of post.

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27. Thus, taking overall view of the matter, the existing provision relating to reservation, backlog vacancies, carry-

forward of backlog vacancies and the operation of roster, contained in the Rules of 2002 runs contrary to the constitutional provisions contained in clause (4A) and (4B) of Article 16 and Article 335 of the Constitution and the law predicated in M. Nagaraj (supra), are declared ultra vires and non-est in law.

28. Consequently, various promotions of SCs/STs category made on the basis of these Rules of 2002 are held to be non-