R. K. Sabharwal And Ors vs State Of Punjab And Ors on 10 February, 1995
14 The Constitution Bench of the Hon'ble Supreme Court in the case of
R.K. Sabharwal Vs. State of Punjab has held that the reservation of jobs
for the backward classes SC/ST/OBC should apply to posts and not to
vacancies. The Court further held that the vacancy based rosters can
operate only till such time as the representation of persons belonging to
the reserved categories in a cadre, reaches the prescribed percentages
of reservation. Thereafter, the rosters cannot operate the vacancies
released by the retirement, resignation, promotion etc of the persons
belonging to the general and the reserved categories and they are to be
filled by appointment of persons from the respective category so that the
prescribed percentage of reservation is maintained. With a view to bring
the policy of reservation in line with the law laid down by the Supreme
W.P.(C.) No. 7642/2008 Page 10 of 14
Court, a model roster for promotion applicable for cadre strength up to 13
posts was provided for, which is extracted herein below:-