Ajit Singh Januja & Ors vs State Of Punjab & Ors on 1 March, 1996
So far the appellants are concerned, they took a stand
before the High Court in writ petitions filed on their
behalf that when the reservation quota was completes the
Scheduled Castes candidates should not further be
appointed/promoted. It was said on their behalf that
Scheduled Castes and Backward Class candidates who compete
on merit, should also be adjusted against the quota reserved
for them, otherwise there shall be increase in the
percentage of the quota reserved for them. The writ
petitions were referred to a Full Bench of the said High
Court. Before Full Bench it was also submitted that
Scheduled Castes and Backward Class candidates cannot be
considered for appointment/promotion against general
category posts in a cadre. The Full Bench however said in
the case of Jaswant Singh vs. The Secretary to Govt. of
Punjab, (1989) 4 SLR 257 that non-consideration of Scheduled
Castes candidates against general category posts for purpose
of appointment or promotion will be hit by Articles 14, 15
and 16 of the Constitution. It also observed that there was
no bar to the appointment/promotion of larger number of
members of Scheduled Castes. The members of the Scheduled
Castes, appointed on merit or promoted on seniority-cum-
fitness basis shall not be taken into consideration for
working out the reserved percentage. The High Court also
said that roster points were seniority points.