petitioners. Petitioners say
that if accelerated seniority is given to the roster-point
promotees, the consequences would be disastrous. A
roster-point promotee
State to give practical
content to equality in results applying the roster points
earmarked for the Dalits and Tribes, apart from equal
opportunity to them ... employees from general sections and
Dalits and Tribes are integrated in the roster system to
harmonise the competing interests. The Dalits and Tribes
Selected
policy of
the State or with the validity of any procedure fixing
roster points for purpose of promotion of reserved
candidates. We are here dealing ... limited
question relating mainly to seniority of the reserved
candidates promoted at roster points.
We also make it clear that what we are deciding
today
reservation prescribed shall be
given effect to in accordance with a roster to
be maintained in each Department. The roster
will be implemented ... posts earmarked for the Scheduled
Castes/Tribes and Backward Classes on the roster are filled
the reservation is complete. Roster cannot operate any
further
promoted on the basis of rule of
reservation applying the 100 point roster maintained by the
Government, they stole a march over the appellants ... equality on account of the application of rule of
reservation and roster point violating Articles 14 and 16 of
the Constitution. The High Court further
percent. To give
effect to the rule of reservation, a forty-point roster was
prepared in which certain points were reserved for Scheduled
Castes ... their favour. For Scheduled
Castes candidates, the places reserved in the roster were:
1, 8, 14, 22, 28 and 36 and in the case
class, higher than the lowest."
12
8. Till 1997, the rosters framed for giving effect to the policy of
reservation were vacancy based ... Sabharwal 's case, this Court held
that the rosters must be operated with reference to the posts and not the
vacancies. Thereafter, the Government
computation applies for Group B posts.
15. EFFECTING RESERVATION - MAINTENANCE OF ROSTERS:
(a) all establishments shall maintain separate 100 point reservation
roster registers ... point No.100
(c) Points 1, 34, and 67 of the roster shall be earmarked reserved for
persons with disabilities - one point for each
made in excess of reservation quota on account of misapplication of roster and accelerated seniority. He was, therefore, erroneously promoted as Under Secretary ... Backward Classes and the general category is to permit the roster to operate till the lime the respective appointees/promotees occupy the posts meant
members of Scheduled Castes
and the Scheduled Tribes;
2(j) : 'Roster' means a prescribed register of
running account of all clear vacancies ... posts in
:: 15 ::
connection with the affairs of the State.
9. Roster : (i) There shall be maintained rosters
invariably by every appointing authority