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"Thus, while non-Scheduled Caste candidates are not eligible for appointment or promotion to the reserved posts at the reserved point,the Scheduled Castes candidate are eligible to compete with the general category candidate in respect of the posts which are not reserved and also claim promotion to the same if they are otherwise eligible by virtue of seniority and merit and merely because they happen to be members of the Scheduled Caste, they cannot be deprived of their right to compete for appointment or promotion on the basis of seniority and merit that is constitutionally protected under Articles 14 and 16(1)(2) of the Constitution even when the total number of Scheduled Castes members in that cadre holding posts are more than the prescribed percentage. Secondly, where Scheduled Caste/Backward Class secure an appointment against 'a reserved point" on the basis of his own merit and seniority and not on the basis of only his being Scheduled Caste/Backward Class, such candidate should not be counted while calculating the percentage of reservation meant for Scheduled Caste/Backward Class, but that reserved point should be carried over to the next point on the roster and filled by candidates belonging to Scheduled Castes/Backward Classes. Thirdly, Scheduled Castes/Backward Classes candidates who are appointed or promoted on the basis of appropriate reservation under the prescribed roster point shall be assigned seniority as per the point reserved for them in the relevant roster irrespective of their position in the general merit list (in case of direct recruitment in Class I, II, III and IV services.

It was also said that the operation of a roster for filling the cadre strength by itself ensures that reservation remains within 15% limit. It was demonstrated by an illustration as to what shall be the consequences if the roster is permitted to operate in respect of the vacancies arising after the total posts in a cadre are filled by saying:

"We may examine the likely result if the roster is permitted to operate in respect of the vacancies arising after the total posts in a cadre are filled. In a 100-point roster, 14 posts at various roster point are filled from amongst the Scheduled Caste/Scheduled Tribe candidates, 2 posts are filled from amongst the Backward Classes and the remaining 84 posts are filled from amongst the general category. Suppose all the posts in a cadre consisting of 100 posts are filled in accordance with roster by 31.12.1994. Thereafter in the year 1995, 25 general category persons (out of 84) retire. Again in the year 1996, 25 more persons belonging to the general category retire. The position which would emerge would be that the Scheduled Castes and Backward Classes would claim 16% share out of the 50 vacancies. If 8 vacancies are given to them then in the cadre of 100 posts the reserve categories would be holding 24 posts thereby increasing the reservation from 16% to 24%. On the contrary if the roster is permitted to operate till the total posts in a cadre are filled and thereafter the vacancies falling in the cadre are to be filled by the same category of parsons whose retirement etc. caused the vacancies then the balance between the reserve category and the general category shall always be maintained."

The Constitution Bench in R.K Sabharwal has said in clear and unambiguous terms that after the quota is over and roster points are full, then the "running account" of roster shall stop and there is no question of promoting beyond the posts which had been reserved. In the said judgment it has been said in respect of members of Scheduled Castes that if they are appointed/promoted on their own merit, then such candidates shall not be counted towards the percentage of reservation fixed for them. On the basis of the same logic, whenever members of the Scheduled Castes are to be considered for promotion against posts which are not reserved for them, then they have to be selected on merit only. They cannot claim that as they had been promoted earlier from grade 'C' to grade 'B' on basis of reservation and roster in this process they have superseded the candidates belonging to the general category and even for promotion against general category posts in grade 'A' only requirement shall be satisfactory record of service.

On behalf of the respondents, reliance was placed on the judgment of P.S. Ghalaut v. State of Haryana and Others, (1995) 5 SCC 625,in support of contention that while applying the roster point the merit list prepared for candidates by process of direct recruitment can be disturbed for placement of the candidates belonging to reserved category, at the relevant roster point and it shall not be violative of article 14 or 16 of the Constitution. That judgment has no bearing, so far the present case is concerned. In that case roster was being applied in respect of posts reserved under the relevant Rules, which were being filled up by process of direct recruitment. That case related to process of direct recruitment to the initial cadre of service on basis of principle of reservation and roster.