ORDER
1. These two writ petitions, W.P. Nos. 11335/89 and 13046/89 run on a common course of law and facts. In W.P. No. 11335/89 the A.P. Scheduled Castes Welfare Association, represented by its General Secretary, is the petitioner. In W.P. No. 13046/89 one R, Suryanarayana Singh, is the petitioner who agitates his claim for being deputed to A-320 (Air bus) Manufacturer's Training at Tulouse, France, on the ground that he is a Scheduled Caste and comes within the quota of 25% reservation to qualify for such training. The prayer in W.P. No. 11335 / 89 also is to direct the respondents to depute at least 25% of the Scheduled Caste and Scheduled Tribe candidates for the specilised training tour of aircraft A-320 at Tulouse, France. The narration of facts as given in W.P. No. 11335/89 will serve the purpose of both the writ petitions.
2. The Government of India is in the process of acquiring A 320 aircrafts from France and it is deputing the employees of the Indian Airlines for specialised training at Tulouse, France, so that they may be able to handle the new sophisticated A-320 aircrafts. In March, 1989, about 24 employees from the category of Electrical Radio and InstrumentEngineers were deputed for the training and again in August, 24 engineers were sent for the training at Tulouse, France. The case of the A.P. Scheduled Castes Welfare Association is that not a single Scheduled Caste candidate has been deputed so far for the training among the 48 though there is a fixed quota of 25% laid down for the Scheduled Caste and Scheduled Tribe candidates for such a training programme. The modus operandi for selecting the candidates is that screening test in Phase I and Phase II are conducted. These tests consist of digital devices and computer technics (Comuputer courses). Apart from this, they conduct tests for Radio Engineers in Electrical and instrumentation; for Electrical Engineers in Radio and Instruments; and for Instrument Engineers in Electrical and Radio. The grievance of the petitioner is that the Scheduled Caste candidates are filtered at this screening test on the pretext that they do not pass the required test to qualify for further training at Tulouse, France. The crux of the submission made by the petitioner in this regard is that the merit inter se of the Scheduled Caste and Scheduled Tribe candidates should be evaluated and such Scheduled Caste and Scheduled Tribe candidates should not be judged in relation to the general candidates. In other words, even if a Scheduled Caste candidate is found to be deficient in ceriain departments of training he should still be selected for the sophisticated training course for handling A.-320 aircrafts. The Association further states that R. Suryanarayana Singh who is the petitioner in W.P. No. 13046/89 is one of the senior Aircraft Engineer at Hyderabad. He belongs to Scheduled Caste and has appeared for screeing test. His juniors have been deputed for training, but he has been ignored on the ground that he has not passed the required tests. This submission is sought to be strengthened by asserting that it is obligatory on the part of the respondents to depute the Scheduled Caste and Scheduled Tribe candidates to an extent of 25% for the training. Neverthless it is stated that it is deplorable that not even a single candidate from the Scheduled Caste and Scheduled Tribe candidates has been selected and it is in clearviolation of Arts. 14, 16, 21, 39 and 41 of the Constitution.
3. A clear analysis of the above facts leads to the conclusion that there are two principal submissions made by the petitioner in this regard, viz. a) that there is a fixed quota of 25% for the training of the Scheduled Castes and Scheduled Tribes candidates with the avowed object of making them qualified to handle the A-320 aircrafts; and b) that competency or merit of the Schedhued Caste and Scheduled Tribe candidates should be evaluated inter se of the same castes and not in relation to the general candidates.
4. The writ petitioner, in W. P. No. 13046/89 also urges his claim for being deputed for training in Tulouse, France on the same grounds as have been stated above.
5. It is proposed to take up the question, whether there is any fixed quota of 25% in this matter which is to be allotted exclusively to the Scheduled Castes and Scheduled Tribe candidates for the specialised training.
6. In order to substantiate his contention on the question or fixation of 25%, the learned counsel for the petitioner has relied upon the Presidential directive conveyed by the Ministry of Tourism and Civil Aviation Department, which is in the following terms :
'(iii) In drawing up such training programmes adequate margin should be provided to take in as many Scheduled Caste and Scheduled Tribe officers as are sponsored by the Ministries. It would be useful to earmark 25 per cent of the seats for officers of Scheduled Castes and Scheduled Tribes wherever possible. In case this becomes difficult in any, particular programme, then such officers could be covered in the next course or a special programme may be arranged for them. It would also be useful if officers of Scheduled Castes and Scheduled Tribes were included in the various training programmes abroad. It would enable them to broaden their outlook and also build up specialised knowledge. It is also likely to boost up the morale of the officers of these communities.
7. A close reading of the above provision falling under Chapter 17 under the heading 'Other Instructions' in the BROCHURE on Reservation for Scheduled Castes and Scheduled Tribes in Service, reveals the point that it is in the nature of recommendation to the authorities to endeavour to earmark 25% of the seats for' the officers of the Scheduled Caste and Scheduled Tribes wherever it is possible to do so. It is difficult to agree with the learned counsel for the petitioner, Sri C. Vedantha Rao, that under this passage a definite quota of 25% has been fixed for the Scheduled Castes and Scheduled Tribes for training programme. It is no doubt true that the recommendation so made provides that adequate margin should be provided to as many Scheduled Castes or Scheduled Tribes as are sponsored by the Ministries and expresses the opinion that it would be useful to earmark 25% of the seats for officers of Scheduled Castes and Scheduled Tribes wherever possible so that such officers may broaden their outlook and also build up specialised knowledge. But, under no circumstances can this be construed to mean that a definite fixation of 25% has been made under the instructions referred to above. It is also pertinent to note that in the counter-affidavit filed on behalf of the respondents, it is stated that it is not correct to say that not even a single Scheduled Caste and Scheduled Tribe candidate has been deputed for training abroad. It seems that Sri L.S. Lohmorh, an Aircraft Engineer based at Calcutta belonging to the Scheduled Caste has been sent for A-320 avionics systems training at Tolouse, France, apart from another Scheduled Caste candidate Sri S.C. Das, Aircraft Engineer, based at the Northern Region. Be that as it may that on a plain construction of the passage referred to above occurring under the heading 'Other Instructions' I am unable to hold that there is a precise and definite quota of 25% reserved for the Scheduled Caste and Scheduled Tribe candidates, which is bound to be filled up by only candidates belonging to such categories.
8. The second aspect of the matter is for assessment consideration of Scheduled Caste and Scheduled Tribe candidates for trainingat Tolouse, France, for handling A-320 aircrafts on the basis of their inter se merit between the Scheduled Caste and Scheduled Tribe candidats alone. The necessary implication of such an argument is that even if the Scheduled Castes or Scheduled Tribe candidate is deficient in certain respects or has not come up to the required level he should still be selected for training to handle the highly sophisticated aircrafts like A-320 (Airbus). It is evident that inherent in such a submission is the fact that efficiency will have to be compromised in case of such selections and a particular candidate who happens to belong to certain category of caste will have to be given training irrespective of the fact that he does not possess the necessary expertise or efficiency to undergo such an advanced technical training required for handling the A-320 aricrafts. It is needless to mention that on the expertise and efficiency of such of the personnel who handle the aircrafts either in air or on the ground depend the lives and safety of hundreds of passengers who travel in such aircrafts at a given time. If the staff which is in-charge of such operations is not fully trained and equipped with the necessary knowledge it would jeopardise the life of several passengers who travel in such an aircraft. The question in all such matters is not whether a particular person belongs to a particular caste or not but that the best available persons irrespective of their caste or any other consideration should be put in-charge of such operations which are of a highly sophisticated nature. If a particular person belonging to the Scheduled Caste or Scheduled Tribe is found to be up to the mark it is evident that he could not be denied the opportunity to get the highly technical training to perform his duties efficiently. In other words while ensuring the airworthiness of the aircraft, the travelling public and the crew manning such aircraft should be put in the best hands that are available for such purposes. In this background it would be pertinent to examine the directive given by the Government of India, Civil Aviation Department, through the office of the Director General of Civil Aviation, vide Memo No. 30-270/87-A1(2), dt. 30-3-1988. The object ofsuch directive is to provide for approval of Engineers to carry out A-320 Avionics System Line Maintenance. The required qualifications laid down in the said directive are as follows :
'I. Indian Airlines Instructors earmarked for imparting basic training on 'digital devices' and 'micro processors' should first themselves qualify in these subject by undergoing courses either at the NIC training Centre Department of Electronics or IIT, Delhi.'.
2. Aircraft Maintenance Engineers in the avionics trade (instrunient/eleetricat/radio), earmarked to undergo specific 'avionics course' on Airbus A-320 at Aeroformation Toulouse should first successfully complete the following courses conducted by Indian Airline in their training division :
1. Basic courses on avionics system (instrument/electrical/radio) not covered by their licences.
2. Digital devices.
3. Micro processors.
3. Basic courses on the avionics trades should on compass the syllabus approved by DGCA.
At the end of each basic course i.e. instrument/electrical/radio the candidates shall be subjected to examination and the question paper shall consist of quiz type as well as essay type questions carrying 60% and 40% marks respectively. The candidates will have to clear the papers in both the sections independently and the minimum pass marks of 70% for quiz type and 60% for essay type, shall be adhered to. The examinations will be conducted under the supervision of DGCA officials. Such of candidates who secure the pass marks as mentioned above shall become eligible for the issue of Basic Aircraft Maintenance Engineers Certificate in the relevant category. For qualifying the specific avionics course on Airbus A-320 at Aeroformation, Toulouse, the minimum pass marks in each semester is approved as 70% with 80% aggregate and only successful candidates on return shall be permitted to have theairlines/ DGCA approval for carrying out theinspection and maintenance work on thisaircraft up to Check 'B' and flight releaseschedule subject to their satisfactory performance in the oral-cum-practical examination in India as per the procedure in voguewith which a DGCA official shall be associated.The major maintenance/overhaul work on the avionics system components pertaining to Airbus A-320 aircraft shall be accomplished in the respective overhaul shops and duly certified by appropriately qualified Aircraft Maintenance Engineers/approved personnel as per the terms of approval granted to Indian Airlines and spelt out in the Quality Control-cum-Maintenance System Manual.
It may please be further ensured that while allotting man hours on training for Indian Airlines Engineers on A-320 airframes and avionics courses at Aeroformation, Toulouse and V2500 Engines at Derby, UK by International Aero Engines, requisite number of seats should be reserved for the officers of DGCA for undergoing these courses along with your Aircraft. Maintenance Managers. In this connection your letter No. H/EG/ 06/R/11031/31, dt. the 19th Feb., 1988 on the details of training courses refers.'
9. The technical qualifications so laid down by the Ministry of Civil Aviation are to be applied strictly. There is no provision for relaxation of these qualifications under any circumstances. This has been devised obviously with the object of securing the best possible persons for training to enable them to operate highly sophisticated aircrafts like A-320. In W.P. No. H3046/ 89 it is an accepted fact that the petitioner does not qualify under the guidelines provided under the said directive. In para 8 of the affidavit filed in support of the Writ petition the petitioner states as follows :
'I submit that the first requirement is one should have a category 'A' licence on B-737 or Airbus aircraft Radio system. I submit that I possess this requirement. The second requirement is that one should have successfully completed Digital Techniques course andDGCA approved basic course in the other two categories. I submit that I have successfully completed these two courses, I submit that I appeared for DGCA approved basic course for electrical and instrumental. I submit that it may be recalled that I was not trained in electrical or instrumental, because my field is only Radio. I submit that I was given coaching for 15 days and asked to appear for these two courses. I submit that I passed the instrumental basic course, but did not pass the electrical basic course.'
10. It is evident from the above that the petitioner admits the fact that he has not passed the electrical basic course. Sri G. Vedantha Rao, learned counsel for the petitioner has impressed the point that the passing of electrical basic course is of no consequence as it plays a minor role in the handling of the job which the petitioner is likely to perform in case he is sent abroad. I am of the opinion that in a highly technical matter of this nature, it is not for this Court to substitute its opinion in the place of expert guidelines which have been made by the Ministry of Civil Aviation to ensure that only these who pass all the tests which have been prescribed therein are sent up for training. It is not denied that the electrical basic course is one of the tests which has to be passed by the candidates who are aspiring for training in Toulouse, France for handling A-320 airbus.
11. In a decision reported in K.C. Vasanth Kumar v. State of Karnataka, AIR 19S5 SC 1495, the Supreme Court held as follows :
'I wish to add that the doctrine of protective discrimination embodied in Arts. 15(4) and 16(4) and the mandate of Art. 29(2) cannot be stretched beyond a particular limit. The State exists to serve its people. There are some services where expertise and skill are of the essence. For example, a hospital run by the State serves the ailing members of the public who need medical aid. Medical services directly affect and deal with the health and life of the populace. Professional expertise, born of knowledge and experience, of a high degree of technical knowledge and operational skill is required of pilots and aviation engineers.The lives of citizens depend on such persons. There are other similar fields of governmental activity where professional, technological, scientific or other special skill is called for. In such services or posts under the Union of States, we think there can be no room for reservation of posts; merit alone must be the sole and decisive consideration for appointments.'
12. In the above dictum of the Supreme Court it has been held that the professional expertise, born of knowledge and experience, of a high degree of technical knowledge cannot be compromised at any cost as it would result in endangering the lives of hundreds and thousands of people who undertook air travel from time to time. The Writ Petition No. 13046/89, therefore, is liable to be dismissed on the simple ground that the petitioner does not fulfil the required qualifications as laid down in the directive of the Ministry of Civil Aviation and cannot claim to be selected for the training abroad along with others. The question of his merit being judged inter se in relation to the other Scheduled Caste and Scheduled Tribe candidates also does not arise as the qualifications laid down must be fulfilled by one and all irrespective of any caste consideration. The other two Scheduled Caste candidates whose names have been mentioned earlier in this judgment have been selected on the basis of their qualifying in the required manner by passing all the tests as prescribed under the guidelines of the Ministry of Civil Aviation. No exception can be made in the case of the petitioner to give him a berth in the training programme eventhough he has not passed the tests as required under the rules.
13. The learned counsel for the petitioner Sri G. Vedantha Rao relied upon a decision of the Supreme Court reported in State of Madhya Pradesh v. Nivedita Jain, : [1982]1SCR759 wherein the regulations 1 and 2 of the Medical Council of India came up for consideration. The Supreme Court held that Regulation I which prescribes the eligibility of candidate for admission to medical course was precise and clear and its purport was that no candidate shall be allowed to be admittedto the medical curriculum until he fulfils the conditions which have been laid in Regulation I. While dealing with the question of Regulation II, it was held that it was in the nature of a recommendation and there was nothing mandatory which could be held to be binding upon the authorities. In this background, Note 2 of Rule 20 of the Rules for admission framed by the State Government empowering the Government to grant such relaxation in the minimum qualifying marks to the extent considered necessary, was held to be valid and in order. The Supreme Court observed that the relaxation made by the State Government in the rule regarding selection of candidates belonging to Scheduled Castes and Scheduled Tribes for admission into medical colleges cannot be said to be unreasonable and the said relaxation constitutes no violation of Arts. 14 and 15(1) and (2) of the Constitution. In the case before the Supreme Court, the distinguishing feature is that the power of relaxation vested in the Government by virtue of Note 2 of Rule 20 of Rules of admission was upheld by the Supreme Court taking into consideration the directory nature of Regulation II of the Regulations of the Medical Council of India. In the instant case the qualifications laid down by the Ministry of Civil Aviation in Reference No. 30-270/87-A1(2), dt. 30-3-1988 do not admit of any relaxation of the conditions which have been laid down therein. A 'fortiori, therefore it can be said that since there is no rule of relaxation in the qualification required for sending a person for avionics course of airbus A-320 to Toulouse, France, no one who does not qualify in the manner laid down therein can claim a berth to acquire such a training abroad.
14. The next case relied upon by the learned counsel for the petitioner is the decision of the Supreme Court reported in A. B.S.K. Sangh (Rly.) v. Union of India, : (1981)ILLJ209SC . He relied squarely on an observation made by justice Chihnapa Reddy, J. holding inter alia 'that Art. 16(4) was a facet, an illustration or a method of application of Art. 16(1). So, it is now no longer necessary to apologetically explainlaws aimed at achieving equality as permissible exceptions; it can now be boldly claimed that such laws are necessary incidents of equality'. In my opinion it is obvious and there cannot be two opinions on this fact that Art. 16(4) has been held to be a facet or projection of Art. 16(1), Article 16(1) speaks about equality of opportunity in matters of public employment, which reads as follows :
'16(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.'
It is, therefore, quite clear that Art. 16(1)guarantees a fundamental right of equality ofopportunity in matters of employment to allcitizens of India. Article 16(4) is in thefollowing terms :
'Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.'
15. Therefore Art. 16(4) infact declares that when a State intends and make such a provision, nothing under Art. 16 shall prevent it from doing so. In other words equality of opportunity guaranteed to all citizens in matters relating to employment or appointment to any office under the State will not restrain the State from making such reservation. The multi-faceted character of the central concept of equality enshrined in Art. 16 of the Constitution falling under Chapter III dealing with the fundamental rights manifests itself as one of the facets in Art. 16(4) which enables the backward class citizens through the process of reservation in Government service, to move along the road to ultimate equality with the more advanced classes and thus forms a part of process of equalisation. There cannot be any manner of doubt that the principle so laid down by the Supreme Court is firmly established in our jurisprudence and cannot be given a go-bye under any circumstances. But the main question to be considered in this matter is,whether there is any positive reservation made in favour of any Scheduled Caste and Scheduled Tribe candidates at 25% in the training programme. I have already dealt with instruction I7.5(iii) which appears to be merely directory in nature and there is nothing mandatory in the said clause on the basis of which it can be held that a quota of 25% of the seats for officers of Scheduled Caste and Scheduled Tribes is necessarily to be earmarked for the training of officers belonging to such castes. The very wording in which the above clause (iii) of Instruction 17.5 is couched clearly shows that it is only in the nature of a recommendation and is directory in nature and is to be adhered to as far as it is possible to do so. When there is no specific reservation the further questions whether such reservation is valid or not or whether such reservation has been given effect to or not does not arise. Therefore, the decision in A.B.S.K. Sangh's case, : (1981)ILLJ209SC (supra) does not further the cause of the petitioner in this case.
16. Sri G. Vedantha Rao, learned counsel for the petitioner has also relied upon a decision of the Supreme Court in B.S.H. Kalyan Parishad v. Union of India, : (1985)IILLJ173SC . In that case the question to be considered was whether para9 of the Presidential Directive to Chief Executives of all public sector enterprises on subject of reservation for S.C. and S.T. candidates is valid or not. It would be pertinent to reporduce para 9 which was considered by the Supreme Court in this matter.
'In promotions by selection to posts within Group 'A' which carry an ultimate salary of Rs. 2,250/- per month, or less, the scheduled caste/scheduled tribe officers, who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list has to be drawn up, would be included in that list provided they are not considered unfit for promotion. Their position in the select list would, however, be the same as assigned to them by the Departmental Promotion Committee on the basis of their record of service. They would not be given, for this purpose onegrading higher than the grading otherwise assignable to them on the basis of their record of service.'
17. The Supreme Court held that a close perusal of the directive in para 9 which deals with the concessions to employees of Scheduled Caste and Scheduled Tribes in promotions by selection method, it is abundantly clear that the rule or reservation is also applicable to promotions by selection to posts within Group 'A' which carry an ultimate salary of Rs. 2,250/- per month or less. The interpretation so given by the Supreme Court rested on the wording of para 9 of the Presidential Directive itself which makes it quite clear that such a rule is mandatory in nature and not merely a directory. In that view of the matter, the decision of the Supreme Court was in favour of applying para 9 to the cases of promotions to the posts within Group 'A' also. I am afraid that in the case in hand, the rule contained in para (iii) of Instruction 17.5 is altogether different in its context and as already held it does not appear to be mandatory or binding with regard to the fixation of quota to the extent of 25% in drawing up training programmes for scheduled caste and scheduled tribe candidates for such courses.
18. In view of the foregoing decisions, both the writ petitions are dismissed, but there will be no order as to costs.
19. Petitions dismissed.