A. K. Subraman & Ors. Etc vs Union Of India And Ors on 11 December, 1974
In A.K. Subraman and Ors. v. Union of India and Ors. it was held that quota rule was to be enforced with reference to all posts, permanent and temporary. But it is very doubtful if the quota could be worked out taking into account the number of vacancies arising out of deputations. In this appeal it is not necessary to enter into this wider aspect as even if the principle evolved by the High Court for determining quota is accepted as correct the question still is if it could issue directions to the State Government to appoint candidates from the waiting list of 1980 examination on such vacancies which arose between 1980 and 1983. The view in law does not appear to be sound. Rule 3, and more particularly its proviso, as it existed in 1980 read as under:-