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When framers of the Constitution by Article 16
guaranteed equality of opportunity in mattes of public
employment, they armed at combining democratization with
efficiency. In the process of democratization Article 16(4)
enabled the State to make provisions for reservation of
appointments or posts in favour of any backward class of
citizens which, in the opinion of the State is not
adequately represented in the services under the State. As
has been pointed out by this Court that at the same time
Article 335 of the Constitution enjoins to take into
consideration the claims of the members of the Scheduled
Castes and Scheduled Tribes "consistently with the
maintenance of efficiency of the administration" while the
making of appointments to services and posts in connection
with the affairs of the union or of a State. Thus it has
been conceived by our Constitution that a process should be
adopted while making appointments through direct recruitment
or promotion in which the merit is not ignored. For
attracting meritorious and talented persons to the public
services, a balance has to be struck, while making
provisions for reservation in respect of a section of the
society. This Court from time to time has been issuing
directions to maintain that balance in the public services
so that there should not be discontentment, heart-burning
and frustration, which can never be held to be in the larger
interest of the society. It has been pointed out in the case
of Indra Sawhney (supra) that reservation in promotions at
various stages has resulted in considerable discontentment
because many senior persons inspite of their efficiency and
dedicated work find themselves superseded by their juniors
belonging to the Scheduled Castes or Tribes for that reason
alone. In many cases seniors to their horror find themselves
made junior to even those who actually worked as their
subordinates due to this factor alone. All concerned who are
involved and interested in the uplift and growth of the
nation have to work out a system by which the injustice done
to a section of people in our society at certain period of
history can be rectified by providing protections to their
descendants, but we have to be conscious, at the same time
that the efficiency of the administration of the country is
not harmed and there is no reverse discrimination. Promotion
is an important incident of service. It covers both
advancement between srades within the same class and between
different classes. Seniority in service is one of the
important factors in making promotion. Even where process of
promotion by selection is adopted, seniority has an
importance in case of equal merit. The principal object of a
promotion system is to secure the best possible incumbents
for the higher position while maintaining the morale of the
whole organization. The best public interest is served when
equal opportunities for promotion exists for all qualified
employees. Civil servants are able to move up 'the promotion
ladder' as the merit deserves and the vacancies occur. Right
to equality enshrined in the Constitution is to be reserved
by preventing reverse discrimination as well. The guarantee
of equality requires maintenance of original or panel inter
se seniority between the general category candidate and the
earlier promoted reserved category candidate under the
reservation policy, for promotion to the higher general
vacancy. The equality principle requires exclusion of the
factor of extra weightage of earlier promotion to a reserved
category candidate because of reservation alone, when he
competes for further promotion to a general category with a
general category candidate, senior to him in the panel. Any
other view would amount to reverse discrimination and
violative of the guarantee of equality in Articles 14 to 16.