All India Vijaya Bank Sc/St Employees Association Vs. Vijaya Bank

Decided On : Feb-09-1993

Court : Karnataka

Notice (8): Undefined index: topics [APP/View/Case/meta.ctp, line 36]
Code Context


$shops2 = $shops['topics'];
$viewFile = '/home/legalcrystal/app/View/Case/meta.ctp'
$dataForView = array(
	'title_for_layout' => 'All India Vijaya Bank Sc/St Employees Association Vs. Vijaya Bank Semantic Analysis',
	'shops' => array(
		'LAW' => array(
			(int) 0 => 'Circular',
			(int) 1 => 'Constitution',
			(int) 2 => 'Article 32',
			(int) 3 => 'Chapter 9 provides:'9.1 Promotion',
			(int) 4 => 'Chapter 9',
			(int) 5 => 'Article 12 of the Constitution of India',
			(int) 6 => 'Constitution',
			(int) 7 => 'Constitution',
			(int) 8 => 'Constitution'
		),
		'ORG' => array(
			(int) 0 => 'ORDERM',
			(int) 1 => 'the All India Vijaya Bank SC/ST Employees Association',
			(int) 2 => 'Vijaya Bank',
			(int) 3 => 'the Union of India',
			(int) 4 => 'Bank',
			(int) 5 => 'the Junior Management Cadre',
			(int) 6 => 'the Junior Management',
			(int) 7 => 'SC',
			(int) 8 => 'the Junior Management',
			(int) 9 => 'Clerks',
			(int) 10 => 'the Junior Management',
			(int) 11 => 'Clerks',
			(int) 12 => 'Qualifying service.- Employees',
			(int) 13 => 'Clerical',
			(int) 14 => 'clerk.c',
			(int) 15 => 'Bank',
			(int) 16 => 'Telephone Operators',
			(int) 17 => 'Telex Operators',
			(int) 18 => 'Punch Operators',
			(int) 19 => 'the Circular Instructions',
			(int) 20 => 'the Government of India',
			(int) 21 => 'Brochure',
			(int) 22 => 'Brochure on Reservations',
			(int) 23 => 'SC',
			(int) 24 => 'the Department of Personnel & Training',
			(int) 25 => 'the Government of India',
			(int) 26 => 'Circular',
			(int) 27 => 'Scheduled Castes',
			(int) 28 => 'the Selection Committee',
			(int) 29 => 'SC',
			(int) 30 => 'SC',
			(int) 31 => 'SC',
			(int) 32 => 'SC',
			(int) 33 => 'Statement of Objections',
			(int) 34 => 'the Writ Petition',
			(int) 35 => 'SC',
			(int) 36 => 'Vijaya Bank Employees' Association',
			(int) 37 => 'Vijaya Bank Workers' Organisation',
			(int) 38 => 'SC',
			(int) 39 => 'Bank',
			(int) 40 => 'SC',
			(int) 41 => 'SC',
			(int) 42 => 'the Government of India',
			(int) 43 => 'SC',
			(int) 44 => 'SC',
			(int) 45 => 'SC',
			(int) 46 => 'Union of India',
			(int) 47 => 'Court',
			(int) 48 => 'Statement of Objections',
			(int) 49 => 'S.C.Candidate',
			(int) 50 => 'the Government of India',
			(int) 51 => 'Circular',
			(int) 52 => 'SC/ST',
			(int) 53 => 'Bank',
			(int) 54 => 'SC/ST',
			(int) 55 => 'SC/ST',
			(int) 56 => 'Bank',
			(int) 57 => 'SC/ST',
			(int) 58 => 'Officers',
			(int) 59 => 'SC/ST',
			(int) 60 => 'Bank',
			(int) 61 => 'SC',
			(int) 62 => 'Bank',
			(int) 63 => 'SC/ST',
			(int) 64 => 'Bank',
			(int) 65 => 'Junior Management Grade Scale-l',
			(int) 66 => 'the Writ Petition',
			(int) 67 => 'All India Vijaya Bank SC/ST Employees Association',
			(int) 68 => 'the Decision of the Supreme Court',
			(int) 69 => 'AKHIL',
			(int) 70 => 'ASST',
			(int) 71 => 'ASSOCIATION',
			(int) 72 => 'UNION OF INDIA',
			(int) 73 => 'Circular',
			(int) 74 => 'the Government of India',
			(int) 75 => 'Brochure',
			(int) 76 => 'Circular',
			(int) 77 => 'K. Nagappayya',
			(int) 78 => 'the Decision of the Supreme Court',
			(int) 79 => 'UNION OF INDIA',
			(int) 80 => 'the Supreme Court',
			(int) 81 => 'the Review Petitions',
			(int) 82 => 'the Writ Petition',
			(int) 83 => 'All India Vijaya Bank SC/ST Employees Association',
			(int) 84 => 'Association',
			(int) 85 => 'Association',
			(int) 86 => 'the Decision of the Supreme Court',
			(int) 87 => 'Akhil Bharatiya Soshit',
			(int) 88 => 'the Supreme Court',
			(int) 89 => 'Court',
			(int) 90 => 'the Supreme Court',
			(int) 91 => 'the Union of India',
			(int) 92 => 'Association',
			(int) 93 => 'Annexure-A.17',
			(int) 94 => 'the Government of India',
			(int) 95 => 'Learned Counsel',
			(int) 96 => 'the Government of India',
			(int) 97 => 'Ministry of Personnel, Public Grievances & Pensions',
			(int) 98 => 'Department of Personnel',
			(int) 99 => 'the Government of India',
			(int) 100 => 'Brochure',
			(int) 101 => 'Group A',
			(int) 102 => 'inter alia',
			(int) 103 => 'Group A',
			(int) 104 => 'the Scheduled Castes/ Scheduled Tribes Officers',
			(int) 105 => 'Group B',
			(int) 106 => 'Group B',
			(int) 107 => 'Group',
			(int) 108 => 'Group A',
			(int) 109 => 'Scheduled Castes/ Scheduled Tribes Officers',
			(int) 110 => 'SC',
			(int) 111 => 'SC',
			(int) 112 => 'the Ministry of Home',
			(int) 113 => 'Very-Good'',
			(int) 114 => 'SC',
			(int) 115 => 'D.P.C.',
			(int) 116 => 'Select List',
			(int) 117 => 'SCT',
			(int) 118 => 'Group C and',
			(int) 119 => 'the Select List of Scheduled Castes/Scheduled Tribes Officers',
			(int) 120 => 'the Departmental Promotion Committee',
			(int) 121 => 'the Ministry of Home Affairs',
			(int) 122 => 'SCT',
			(int) 123 => 'Scheduled Tribes,(ii',
			(int) 124 => 'the Departmental Promotion Committee',
			(int) 125 => 'the Select Lists of Officers',
			(int) 126 => 'the Departmental Promotion Committee',
			(int) 127 => 'Select List',
			(int) 128 => 'Scheduled Castes/Scheduled Tribes',
			(int) 129 => 'SCI',
			(int) 130 => 'Bank',
			(int) 131 => 'Scheduled Castes/Scheduled Tribes',
			(int) 132 => 'Brochure',
			(int) 133 => 'Brochure',
			(int) 134 => 'the Departmental Promotion Committee',
			(int) 135 => 'Brochure',
			(int) 136 => 'Chapter-6',
			(int) 137 => 'the Selection Committee',
			(int) 138 => 'the Brochure of 1988',
			(int) 139 => 'SC/ST',
			(int) 140 => 'the Board of Directors',
			(int) 141 => 'The Departmental Promotion Committees/Selection Committees/Selection Boards',
			(int) 142 => 'SC/ST Officer',
			(int) 143 => 'the Departmental Committee/ Selection Committee',
			(int) 144 => 'Circular',
			(int) 145 => 'the Government of India',
			(int) 146 => 'Brochure',
			(int) 147 => 'the Government of India',
			(int) 148 => 'Group',
			(int) 149 => 'Brochure',
			(int) 150 => 'State',
			(int) 151 => 'Court',
			(int) 152 => 'The Supreme Court',
			(int) 153 => 'Brochure',
			(int) 154 => 'Group',
			(int) 155 => 'Group',
			(int) 156 => 'Select List',
			(int) 157 => 'the Select List',
			(int) 158 => 'the Departmental Promotion Committee',
			(int) 159 => 'the Select List',
			(int) 160 => 'the Departmental Promotion',
			(int) 161 => 'the Presidential Directive',
			(int) 162 => 'Group',
			(int) 163 => 'Presidential Directive',
			(int) 164 => 'the Ministry of Steel',
			(int) 165 => 'the Union of India',
			(int) 166 => 'the Presidential Directive',
			(int) 167 => 'the Presidential Directive',
			(int) 168 => 'the Supreme Court',
			(int) 169 => 'Brochure',
			(int) 170 => 'Brochure',
			(int) 171 => 'Circular',
			(int) 172 => 'the Supreme Court',
			(int) 173 => 'SYNDICATE BANK',
			(int) 174 => 'THE UNION OF INDIA',
			(int) 175 => 'SECRETARY',
			(int) 176 => 'MINISTRY OF FINANCE (',
			(int) 177 => 'DEPARTMENT OF ECONOMIC AFFAIRS',
			(int) 178 => 'PARLIAMENT ST',
			(int) 179 => 'the Supreme Court',
			(int) 180 => 'W.P. No',
			(int) 181 => 'Group',
			(int) 182 => 'SC',
			(int) 183 => 'the Syndicate Bank',
			(int) 184 => 'Union of India',
			(int) 185 => 'Bank',
			(int) 186 => 'the Supreme Court',
			(int) 187 => 'the Review Petitions',
			(int) 188 => 'Court',
			(int) 189 => 'Scheduled Castes',
			(int) 190 => 'Court'
		),
		'NORP' => array(
			(int) 0 => 'J.1',
			(int) 1 => 'Clerks',
			(int) 2 => 'Clerks',
			(int) 3 => 'Anglo-Indian',
			(int) 4 => 'Indians'
		),
		'CARDINAL' => array(
			(int) 0 => 'two',
			(int) 1 => '1',
			(int) 2 => '2',
			(int) 3 => 'two',
			(int) 4 => 'four',
			(int) 5 => '1',
			(int) 6 => '5',
			(int) 7 => '74',
			(int) 8 => '11',
			(int) 9 => 'six',
			(int) 10 => '74',
			(int) 11 => 'four',
			(int) 12 => '296',
			(int) 13 => 'four',
			(int) 14 => '74',
			(int) 15 => '16',
			(int) 16 => 'two',
			(int) 17 => '1:4',
			(int) 18 => '1:4',
			(int) 19 => '74',
			(int) 20 => '16.2.1982',
			(int) 21 => '1:4',
			(int) 22 => '16.2.1982',
			(int) 23 => 'only one',
			(int) 24 => '74',
			(int) 25 => '11',
			(int) 26 => '6',
			(int) 27 => '296',
			(int) 28 => '74',
			(int) 29 => '40',
			(int) 30 => '23',
			(int) 31 => '180',
			(int) 32 => '90',
			(int) 33 => '180',
			(int) 34 => '90',
			(int) 35 => '41',
			(int) 36 => '90',
			(int) 37 => '78',
			(int) 38 => '156',
			(int) 39 => '23',
			(int) 40 => '11',
			(int) 41 => '16',
			(int) 42 => '7',
			(int) 43 => '3',
			(int) 44 => '15',
			(int) 45 => '7',
			(int) 46 => '22',
			(int) 47 => '2',
			(int) 48 => 'only 8',
			(int) 49 => '1981)ILLJ209SC',
			(int) 50 => '1985)IILLJ173SC',
			(int) 51 => '74',
			(int) 52 => '1',
			(int) 53 => '4',
			(int) 54 => '5',
			(int) 55 => 'three',
			(int) 56 => '1',
			(int) 57 => '4',
			(int) 58 => '16.11.1979.(v',
			(int) 59 => 'three',
			(int) 60 => '11.2',
			(int) 61 => '9.3',
			(int) 62 => '40',
			(int) 63 => '1',
			(int) 64 => '4',
			(int) 65 => '25/79',
			(int) 66 => 'three',
			(int) 67 => 'one',
			(int) 68 => '9.2(v',
			(int) 69 => '9.2(b)(vi',
			(int) 70 => '9.3',
			(int) 71 => '8.1',
			(int) 72 => '3.12',
			(int) 73 => '8.2',
			(int) 74 => 'only one',
			(int) 75 => '16.2.1982',
			(int) 76 => '16',
			(int) 77 => '9',
			(int) 78 => '1986]2SCR17',
			(int) 79 => '335',
			(int) 80 => '2',
			(int) 81 => '3',
			(int) 82 => 'two',
			(int) 83 => '9',
			(int) 84 => '9',
			(int) 85 => '9',
			(int) 86 => '5',
			(int) 87 => '9',
			(int) 88 => '2',
			(int) 89 => '27',
			(int) 90 => '74',
			(int) 91 => '1:4',
			(int) 92 => '11',
			(int) 93 => '6',
			(int) 94 => '74',
			(int) 95 => 'one',
			(int) 96 => '16',
			(int) 97 => '74',
			(int) 98 => '1990)IILLJ354SC',
			(int) 99 => '847',
			(int) 100 => '10,8.1990',
			(int) 101 => '1.1.1978',
			(int) 102 => '592',
			(int) 103 => '608',
			(int) 104 => '74',
			(int) 105 => '16'
		),
		'PERSON' => array(
			(int) 0 => 'Sri D.Narayana',
			(int) 1 => 'Sri K.Nagappayya',
			(int) 2 => 'Bangalore',
			(int) 3 => 'Cadre Scale-l',
			(int) 4 => 'Cadre Scale-l',
			(int) 5 => 'Cadre Scale-l',
			(int) 6 => 'Cadre Scale-l',
			(int) 7 => 'clerk.b',
			(int) 8 => 'CAIIB',
			(int) 9 => 'Clerk',
			(int) 10 => 'Stenographers',
			(int) 11 => 'Banks',
			(int) 12 => 'Tribes',
			(int) 13 => 'Circular No.197/85',
			(int) 14 => 'Articles 14',
			(int) 15 => 'Grade-ll',
			(int) 16 => 'Scheduled Caste',
			(int) 17 => 'them.12',
			(int) 18 => 'Sri Kamalaksha Rao',
			(int) 19 => 'Sri Sridhar',
			(int) 20 => 'ON BEHALF',
			(int) 21 => 'Scheduled Caste',
			(int) 22 => 'Sri Sridhar',
			(int) 23 => 'Cadre Scale-l',
			(int) 24 => 'Sri Ramadas',
			(int) 25 => 'Sri Ramadas',
			(int) 26 => 'Sri D.Narayana',
			(int) 27 => 'Sri Ramadas',
			(int) 28 => 'Karmachari Sangh's',
			(int) 29 => 'Sri Ramadas',
			(int) 30 => 'Tribes',
			(int) 31 => 'xx xx xxIn',
			(int) 32 => 'Tribes',
			(int) 33 => 'xx xx',
			(int) 34 => 'Clerk',
			(int) 35 => 'Officers',
			(int) 36 => 'Scheduled Caste',
			(int) 37 => 'Articles 14',
			(int) 38 => 'Tribes',
			(int) 39 => 'Comptroller',
			(int) 40 => 'Jagannathan',
			(int) 41 => 'Bihar State',
			(int) 42 => 'Harijan Kalyan',
			(int) 43 => 'Articles 309',
			(int) 44 => 'Scheduled Caste',
			(int) 45 => 'Articles 14',
			(int) 46 => 'Sri Ramadas',
			(int) 47 => 'Cadre Scale-l',
			(int) 48 => 'JEEVAN DEEP BUILDING',
			(int) 49 => 'Articles 14',
			(int) 50 => 'Sri Ramadas'
		),
		'DATE' => array(
			(int) 0 => '197/85',
			(int) 1 => '16.12.1985',
			(int) 2 => '17.6.1982',
			(int) 3 => '25.7.1985',
			(int) 4 => '25.7.1985',
			(int) 5 => '16th June, 1982',
			(int) 6 => '17.6,1982',
			(int) 7 => '4 years',
			(int) 8 => '5 years',
			(int) 9 => 'less than 3 year',
			(int) 10 => '1985',
			(int) 11 => '1980 to 1984',
			(int) 12 => 'a day',
			(int) 13 => 'the day',
			(int) 14 => '1985',
			(int) 15 => '17.6.1982',
			(int) 16 => '25.7.1985',
			(int) 17 => 'December, 1985',
			(int) 18 => 'the year 1980-84',
			(int) 19 => 'the next three years',
			(int) 20 => '26.3.1991',
			(int) 21 => '28.11.1986',
			(int) 22 => 'the years 1984, 1985 and',
			(int) 23 => '1987',
			(int) 24 => 'each year',
			(int) 25 => '1986',
			(int) 26 => 'the year 1988',
			(int) 27 => 'the year 1988',
			(int) 28 => 'the year 1988',
			(int) 29 => '1988',
			(int) 30 => '1984',
			(int) 31 => '1989',
			(int) 32 => '1989',
			(int) 33 => '8',
			(int) 34 => 'the year 1990',
			(int) 35 => '1991',
			(int) 36 => '1.12.1988',
			(int) 37 => '1990',
			(int) 38 => 'paragraph-63',
			(int) 39 => 'the 1st',
			(int) 40 => '22.4.1970',
			(int) 41 => '8',
			(int) 42 => '14',
			(int) 43 => '22',
			(int) 44 => '28',
			(int) 45 => '36',
			(int) 46 => '17',
			(int) 47 => '31',
			(int) 48 => 'Rs.2,250/- per month or less',
			(int) 49 => '24th December, 1980',
			(int) 50 => '16th May, 1957',
			(int) 51 => 'the 22nd April, 1970',
			(int) 52 => '8',
			(int) 53 => '14',
			(int) 54 => '22',
			(int) 55 => '28',
			(int) 56 => '36',
			(int) 57 => '17',
			(int) 58 => '31',
			(int) 59 => 'year',
			(int) 60 => 'the same year',
			(int) 61 => 'year',
			(int) 62 => 'year',
			(int) 63 => 'the year',
			(int) 64 => 'the year',
			(int) 65 => 'the initial year',
			(int) 66 => 'a year',
			(int) 67 => 'a year',
			(int) 68 => 'the 22nd April, 1970',
			(int) 69 => '8',
			(int) 70 => '14',
			(int) 71 => '22',
			(int) 72 => '28',
			(int) 73 => '36',
			(int) 74 => '17',
			(int) 75 => '31',
			(int) 76 => 'the year',
			(int) 77 => '16th November, 1979',
			(int) 78 => 'years',
			(int) 79 => 'the final year',
			(int) 80 => '21',
			(int) 81 => 'year',
			(int) 82 => 'any particular year',
			(int) 83 => 'the year 1985',
			(int) 84 => 'subsequent years',
			(int) 85 => 'the day',
			(int) 86 => '2,250/- per month or less',
			(int) 87 => '2,250/- per month or less',
			(int) 88 => '2,250/- per month or less',
			(int) 89 => 'April 8, 1984',
			(int) 90 => 'April 8, 1982',
			(int) 91 => 'August 19, 1982',
			(int) 92 => '1990',
			(int) 93 => '16.12.1985',
			(int) 94 => '1987',
			(int) 95 => '15th June, 1987',
			(int) 96 => '25th June, 1987',
			(int) 97 => 'three month's',
			(int) 98 => '1990'
		),
		'ORDINAL' => array(
			(int) 0 => 'first',
			(int) 1 => 'second',
			(int) 2 => 'second',
			(int) 3 => 'second',
			(int) 4 => 'first',
			(int) 5 => 'first',
			(int) 6 => 'first'
		),
		'PERCENT' => array(
			(int) 0 => '75%',
			(int) 1 => 'the remaining',
			(int) 2 => '35%',
			(int) 3 => '15% and 7 1/2%',
			(int) 4 => '25%',
			(int) 5 => '40%',
			(int) 6 => '35%',
			(int) 7 => '35%',
			(int) 8 => '50%',
			(int) 9 => 'only 15%',
			(int) 10 => '7.5%',
			(int) 11 => '50%',
			(int) 12 => 'only 15% and 7.5%',
			(int) 13 => '50%',
			(int) 14 => '15% and 7 1/2%',
			(int) 15 => '15% and 7 1/2%'
		),
		'TIME' => array(
			(int) 0 => '1:4 i.e.'
		),
		'LOC' => array(
			(int) 0 => 'the Scheduled Castes',
			(int) 1 => 'Scheduled Castes',
			(int) 2 => 'Settlement',
			(int) 3 => 'Scheduled Castes',
			(int) 4 => 'Scheduled Castes',
			(int) 5 => 'Scheduled Castes',
			(int) 6 => 'Scheduled Castes',
			(int) 7 => 'Scheduled Castes',
			(int) 8 => 'Scheduled Castes',
			(int) 9 => 'the Scheduled Castes'
		),
		'GPE' => array(
			(int) 0 => 'ST',
			(int) 1 => 'Services',
			(int) 2 => 'S.C.',
			(int) 3 => 'S.C.',
			(int) 4 => 'ST',
			(int) 5 => 'S.C.',
			(int) 6 => 'ST',
			(int) 7 => 'ST',
			(int) 8 => 'Counsel',
			(int) 9 => 'BIHAR STATE',
			(int) 10 => 'Counsel',
			(int) 11 => 'Courts',
			(int) 12 => 'New Delhi',
			(int) 13 => 'S.C.',
			(int) 14 => 'S.C.',
			(int) 15 => 'ST',
			(int) 16 => 'NEW DELHI'
		),
		'PRODUCT' => array(
			(int) 0 => 'Memorandum',
			(int) 1 => 'Memorandum'
		),
		'MONEY' => array(
			(int) 0 => '15 marks',
			(int) 1 => '25/79-Estt.(SC7'
		),
		'WORK_OF_ART' => array(
			(int) 0 => 'Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services'',
			(int) 1 => 'Seventh Edition',
			(int) 2 => 'Scheduled Castes',
			(int) 3 => 'Scheduled Caste/Scheduled Tribe',
			(int) 4 => 'Scheduled Castes',
			(int) 5 => 'Scheduled Castes',
			(int) 6 => 'The Scheduled Castes',
			(int) 7 => 'Scheduled Caste',
			(int) 8 => 'Scheduled Caste/ Scheduled Tribes',
			(int) 9 => 'Castes/Scheduled Tribes',
			(int) 10 => 'the Scheduled Castes',
			(int) 11 => 'the Scheduled Caste/Scheduled Tribe',
			(int) 12 => 'Scheduled Castes/Scheduled Tribes',
			(int) 13 => 'Officers',
			(int) 14 => 'Officers',
			(int) 15 => 'the Scheduled Castes',
			(int) 16 => 'the Scheduled Castes',
			(int) 17 => 'the Scheduled Castes',
			(int) 18 => 'Scheduled Castes',
			(int) 19 => 'Scheduled Castes'
		),
		'EVENT' => array(
			(int) 0 => 'Class II'
		),
		'FAC' => array(
			(int) 0 => 'the Cadre of Clerks',
			(int) 1 => 'Constitutional'
		)
	),
	'desc' => array(
		'Judgement' => array(
			'id' => '378000',
			'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 14 and 16',
			'appealno' => 'W.P. Nos. 20012 and 20013 of 1985',
			'appellant' => 'All India Vijaya Bank Sc/St Employees Association',
			'authreffered' => '',
			'casename' => 'All India Vijaya Bank Sc/St Employees Association Vs. Vijaya Bank',
			'casenote' => 'CIRCULAR  NO. 197/85 DATED 16.12.1985: SETTLEMENT DEEDS DATED 17.6.1982 &amp; 25.7.1985 : BROCHURE ON RESERVATIONS FOR SCHEDULED CASTES AND SCHEDULED TRIBES IN SERVICES - Writ Petition by Association though non-recognized maintainable -Reservation : procedure &amp; method of implementation -Instructions in Brochure discharge of Constitutional mandate binding every authority, non-compliance violation of Articles 14 &amp; 16 of Constitution of India, vitiating action taken - Reservation applicable to promotions by selection in Group 'A' as per Para 9 - Promotions ignoring Roster system unsustainable &amp; liable to be quashed.;(i) Such Writ Petition even though presented by a
non-recognized Association is still maintainable.;(ii) In the light of the prescription under Chapter II [of the Brochure], 15% and 7 1/2% of the vacancies in posts and services under the Government of India are to be reserved in favour of Scheduled Castes and Scheduled Tribes respectively to be filled up by direct recruitment and by promotion... Clause (a) of paragraph-2 of Chapter 9 which deals with promotions by selection within Group A (Class-1), inter alia, provides that in promotions by selection to posts within Group A (Class-1) which carry salary of Rs. 2250/- per month or less, there is no reservation, but the Scheduled Castes/Scheduled Tribes 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... It is needless to say that the instructions contained in the Brochure are issued from time to time by the Government of India in order to discharge the Constitutional mandate and every authority coming within the meaning of Article 12 of the Constitution of India shall carry out such instructions and failure to comply with such instructions
amounts to violation of Articles 14 and 16 of the Constitution resulting in the action of such authority being vitiated... That apart, reservation is also applicable to promotions by selection to posts within Group 'A' as provided in paragraph 9 of the Brochure and the Departmental authorities under the State are duty bound to follow the administrative instructions issued from time to time in that regard to promote with special care the educational and economic interest of the Scheduled Castes and Tribes and to protect them from social injustice and all forms of exploitation and on failure to comply with such instruction, the Court may issue directions to carry out such instruction, even though it is non-statutory.;The contention that because adequate number of Scheduled Caste/Scheduled Tribes candidates was not available in the year 1985, the vacancies were carried forward and in subsequent years, those vacancies were filled up by promoting Scheduled Castes/Scheduled Tribes candidates was unsustainable, the action so taken being illegal.... The contention that only one candidate belonging to Scheduled caste was within the zone of consideration, therefore he was promoted is illogical and cannot be sustained in the absence of proof... It is not the case that candidates belonging to Scheduled Castes and Scheduled Tribes were called for interview in the ratio of 1:4 as against 11 vacancies of SC and 6 vacancies of ST, reserved as against 74 vacancies at 15% and 7 1/2% respectively and were found to be unfit for promotion, their eligibility having been considered. On the other hand, except one person belonging to Scheduled Caste none from either Scheduled Castes and Scheduled Tribes were considered for promotion keeping in view the instructions in the Brochure. Therefore, non-compliance of the instructions resulted in violation of Articles 14 and 16 of the Constitution... promotion of 74 persons impugned herein without following the roster system provided for promotion of Scheduled Castes and Scheduled Tribes candidates cannot be sustained and the same is liable to be quashed for non-compliance of mandatory requirement of Articles 14 and 16 of the Constitution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 482: [Dr. K.Bhakthavatsala, J] Offence under Section 292 of I.P.C., -  Allegation that Petitioners were watching obscene film privately in their residence - Whether privately viewing obscene film constitute an offence punishable under Section 292 of I.P.C., ?  Held, Section 292 of I.P.C. was added in accordance with the resolution passed by the International Convention for the suppression and circulation of, and traffic in, obscene publications, signed at Geneva on behalf of the Governor General in Council on the 12th day of September 1923. It is not the case of prosecution that the accused were possessing the obscene films for the purpose of sale, distribution, circulation etc., as mentioned in clause (a) of Sub-section 2 of Section 292 of I.P.C. Therefore, the act of the Petitioners privately viewing obscene film does not constitute an offence under Section 292 of I.P.C., The  Magistrate has erred in taking cognizance of offence under Section 292 of I.P.C. Hence, proceedings initiated against the petitioners is quashed. 

INDIAN PENAL CODE,1860[C.A.No.45/1860]   Section 292: [Dr. K.Bhakthavatsala, J] Offence under -  Allegation that Petitioners were watching obscene film privately in their residence - Whether privately viewing obscene film constitute an offence punishable under Section 292 of I.P.C., ?  Held, Section 292 of I.P.C. was added in accordance with the resolution passed by the International Convention for the suppression and circulation of, and traffic in, obscene publications, signed at Geneva on behalf of the Governor General in Council on the 12th day of September 1923. It is not the case of prosecution that the accused were possessing the obscene films for the purpose of sale, distribution, circulation etc., as mentioned in clause (a) of Sub-section 2 of Section 292 of I.P.C. Therefore, the act of the Petitioners privately viewing obscene film does not constitute an offence under Section 292 of I.P.C., The  Magistrate has erred in taking cognizance of offence under Section 292 of I.P.C. Hence, proceedings initiated against the petitioners is quashed. -  Their further case is that while promoting the persons found in Annexure-II enclosed to the Writ Petitions, respondent-2 failed to apply the roster system to reserve vacancies in the Junior Management Cadre Scale-l for persons belonging to Scheduled Castes and Scheduled Tribes for promotion from the cadre of Clerks and this has resulted in denial of opportunity of promotion to petitioner-2 and other eligible SC/ST candidates similarly placed. 6. On the basis of the instructions issued by the Government of India, it is contended by the petitioners that there shall be reservation in the vacancies sought to be filled up on promotion at 15% and 7 1/2% in favour of Scheduled Castes and Scheduled Tribes respectively, that respondent-1 failed to reserve the vacancies at the above ratio out of 74 vacancies notified in Circular No. (iii) A select list should then be prepared in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of merit and seniority according to the general principles for promotion to selection posts laid down in the Ministry of Home .Affairs O. , Outstanding',Very-Good' and 'Good' in that order, without disturbing the seniority interest within each category. (iv) When the Select Lists of Officers in the general category and those belonging to Scheduled Castes and Scheduled Tribes have been prepared by the Departmental Promotion Committee, these should be merged into a combined Select List in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of their inter se seniority in the original seniority list of the category or grade from which promotion is being made. It is needless to say that the instructions contained in the Brochure are issued from time to time by the Government of India in order to discharge the Constitutional mandate and every authority coming within the meaning of Article 12 of the Constitution of India shall carry out such instructions and failure to comply with such instructions amounts to violation of Articles 14 and 16 of the Constitution resulting in the action of such authority being vitiated. 26. That apart, reservation is also applicable to promotions by selection to posts within Group 'A' as provided in paragraph 9 of the Brochure and the departmental authorities under the State are duty bound to follow the administrative instructions issued from time to time in that regard to promote with special care the educational and economic interests of the Scheduled Castes and Tribes and to protect them from social injustice and all forms of exploitation and on failure to comply with such instruction, the Court may issue directions to carry out such instruction, even though it is non-statutory, (please see Comptroller v. 28. The contention of Sri Ramadas, learned Counsel for respondent-1 that subsequently, however, upto 1990 a large number of persons belonging to Scheduled Castes and Scheduled Tribes were considered for the purpose of promotion to the posts reserved in accordance with the instructions in the Brochure is not the answer to the question Before Court, inasmuch as when 74 vacancies were filled up under Annexure-A on 16.12.1985, respondent-1 failed to consider the case of petitioner-2 and other similar persons for promotion from clerical cadre to Junior Management Cadre Scale-l according to roster system provided for Scheduled Castes and Scheduled Tribes in the Circular instructions issued by the Government of India.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '  xx  xx  xx;  xx  xx  xx',
			'counselplain' => 'O. Sridhar, Adv.',
			'counseldef' => 'S. Ramadas, Adv. for ;S.G. Sundaraswamy, Adv.',
			'court' => 'Karnataka',
			'court_type' => 'HC',
			'decidedon' => '1993-02-09',
			'deposition' => 'Writ Petition allowed',
			'favorof' => null,
			'findings' => null,
			'judge' => 'M. Ramakrishna, J.',
			'judgement' => 'ORDER<p style="text-align: justify;">M. Ramakrishna, J.</p><p style="text-align: justify;">1. These two Writ Petitions have been presented by petitioners 1 and 2 seeking common reliefs based on common facts and grounds taken therein. Therefore, these Petitions are disposed of by the following common order.</p><p style="text-align: justify;">2. Petitioner-1 is the All India Vijaya Bank SC/ST Employees Association represented by its General Secretary Sri D.Narayana, while petitioner-2 is Sri K.Nagappayya, an employee working in Vijaya Bank, respondent-1 represented by its Chairman and Managing Director, Bangalore. Respondent-2 is the Union of India impleaded for the purpose of seeking general relief arising out of the rights of the petitioners by virtue of their service in the Bank and in general under the Constitution.</p><p style="text-align: justify;">3. The case of the petitioners is that they are aggrieved by the promotion of certain candidates on the basis of seniority subject to fitness to the Junior Management Cadre Scale-1 and consequent issuance of Circular No. 197/85 dated 16.12.1985 with a list (Annexure-II) of the candidates selected to that scale. The petitioners have taken a number of grounds to attack the Circular (Annexure-A) and the list (Annexure-II) of the selected candidates. They have sought for quashing the same. Their further case is that while promoting the persons found in Annexure-II enclosed to the Writ Petitions, respondent-2 failed to apply the roster system to reserve vacancies in the Junior Management Cadre Scale-l for persons belonging to Scheduled Castes and Scheduled Tribes for promotion from the cadre of Clerks and this has resulted in denial of opportunity of promotion to petitioner-2 and other eligible SC/ST candidates similarly placed.</p><p style="text-align: justify;">4. In support of their claim for reservation of certain vacancies in the Junior Management Cadre Scale-l to be filled up on promotion from the cadre Clerks, they contend as follows:-</p><p style="text-align: justify;">(1) There are two Settlement Deeds entered into between the first respondent and the recognised trade unions on 17.6.1982 and 25.7.1985. According to the Settlement Deed dated 25.7.1985, 75% of the vacancies in the Junior Management Cadre Scale-l are to be filled up from the cadre of Clerks by promotion on merit in written test and interview and the remaining 35% by promotion on seniority by calling candidates for interview at the ratio of 1:4 i.e., for every vacancy of an Officer, four clerks are to be called for interview.</p><p style="text-align: justify;">(2) As per the Settlement Deed dated 16th June, 1982, the employees belonging to Scheduled Castes and Scheduled Tribes shall have reservation in promotions and such reservations/relaxation shall be as per the directions of the Government.</p><p style="text-align: justify;">(3) So far as the eligibility criterion for promotion of Clerks to the posts of Junior Management Cadre Scale-l is concerned, the Settlement Deed dated 17.6,1982 provides as follows:-</p><p style="text-align: justify;"> B. ELIGIBILITY</p><p style="text-align: justify;">All employees in the clerical cadre who satisfy the following stipulations in respect of qualifications, qualifying service shall be eligible for considerations for promotion:-</p><p style="text-align: justify;"> 1. Qualifications: Employees having a minimum qualification of a pass in S.S.LC. or its equivalent examination shall be eligible to appear for test/interview. In the case of those employees who do not satisfy the stipulation of minimum qualification, they shall, however, be eligible if they have passed in CAIIB Part-l Examination.</p><p style="text-align: justify;">2. Qualifying service.- Employees in the Clerical cadre who satisfy the following stipulations for qualifying service shall be eligible for consideration for promotion:</p><p style="text-align: justify;"> a) Employees who are graduates and have put in a minimum of 4 years service as clerk.</p><p style="text-align: justify;">b) Employees who are non-graduates and who have put in a minimum service of 5 years as clerk.</p><p style="text-align: justify;">c) Employees with not less than 3 year service in the Bank who have passed in the CAIIB examination, irrespective of the fact whether he is a graduate or not.</p><p style="text-align: justify;">d) The term Clerk above referred to shall apply to and mean Stenographers, Typists, Telephone Operators, Telex Operators and Punch Operators. </p><p style="text-align: justify;">5. The petitioners pointed out the Circular Instructions issued by the Government of India providing for reservation of vacancies in favour of the Scheduled Castes and Scheduled Tribes in the services under the public sector Banks/financial institutions. A Brochure brought out in this connection on the lines of Brochure on Reservations for SC and ST in Services (7th Edition) issued by the Department of Personnel & Training has been produced for perusal.</p><p style="text-align: justify;">6. On the basis of the instructions issued by the Government of India, it is contended by the petitioners that there shall be reservation in the vacancies sought to be filled up on promotion at 15% and 7 1/2% in favour of Scheduled Castes and Scheduled Tribes respectively, that respondent-1 failed to reserve the vacancies at the above ratio out of 74 vacancies notified in Circular No.275 of 1985 dated 4.11.1985, that applying the above ratio, 11 vacancies for Scheduled Castes and six vacancies for Scheduled Tribes out of 74 vacancies should have been reserved and that, apart from this, huge backlog was carried forward from 1980 to 1984. Their further contention is that the respondent-1 was at fault in not preparing a separate list of Scheduled Castes and Scheduled Tribes candidates on the vacancies reserved on the roster system and in not conducting separate interview on a day or sitting of the Selection Committee other than the day or sitting on which general candidates are to be interviewed by calling SC/ST candidates four times the number of vacancies including backlog reserved for them and that, on the contrary, respondent-1 called 296 clerks i.e., four times the total number of 74 vacancies who are on top of the seniority list irrespective of whether the required number of SC/ST candidates were included in it or not.</p><p style="text-align: justify;">7. Lastly it is stated by the petitioners that in the list of selection published by respondent-1 as per Annexure-II enclosed to Annexure-A, no SC/ST candidate has been promoted on the basis of seniority subject to fitness, though there were a number of candidates including the second petitioner belonging to that categories, which has resulted in denial. of promotional opportunities to SC/ST candidates. Therefore, they have prayed that Circular No.197/85 under which the candidates mentioned in Annexure-II have been promoted being violative of Articles 14 and 16 of the Constitution be quashed with a direction to the respondents to prepare separate lists of general, Scheduled Castes and Scheduled Tribes candidates and conduct fresh interview bearing in mind the procedure of promotion of SC/ST candidates provided in the Brochure.</p><p style="text-align: justify;">8. A detailed Statement of Objections has been filed on behalf of responden-1 wherein the stand taken is that petitioner-1 being a non-recognized union has no locus standi to maintain the Writ Petition and that therefore W.P.No.20012 of 1985 filed by it has to be dismissed in limine as not maintainable. Denying the allegation made in the Writ Petitions that there was denial of opportunity of promotion to SC/ST candidates, it is stated that promotions were made in 'accordance with the settlement arrived at under the two Settlement Deeds entered on 17.6.1982 and 25.7.1985 between responden-1 and Vijaya Bank Employees' Association and Vijaya Bank Workers' Organisation. From the Settlement Deeds, it is seen-</p><p style="text-align: justify;">(i) 25% of the total vacancies in the Officer cadre (Grade-ll) are to be filed up by way of direct recruitment;</p><p style="text-align: justify;">(ii) 40% of the total vacancies by promotion on merit basis from among the clerical cadre after conducting a written test and interview; and</p><p style="text-align: justify;">(iii) the remaining 35% of the total vacancies, by way of promotion on seniority basis by calling for interview, the senior most clerks in the ratio of 1:4 (i.e., for every vacancy in the Officer Cadre 4 clerks are to be called for interview).</p><p style="text-align: justify;">The Settlement Deeds also provide for reservation of SC/ST employees as per directives of the Government.</p><p style="text-align: justify;">9. According to the counter, the Writ Petitions are concerned with only the last category i.e., 35% of the vacancies are to be filled up by promotion on seniority basis by calling for interview the senior most clerks in the ratio of 1:4 and accordingly, respondent-1 promoted on seniority basis 74 clerks to the cadre of Officer as mentioned in the Annexure-II.</p><p style="text-align: justify;">10. Referring to the Official Memorandum dated 16.2.1982, respondent-1 stated in the counter that it was not relevant for the purpose as it referred to the filling up of posts by promotion on seniority as the posts, subject matter of Writ Petitions, were to be filled by promotion of selection, which is quite contrary to the admission made by respondent-1 earlier in the counter. The candidates are called for interview in the ratio of 1:4 and service-wise and qualification-wise eligible candidates are selected after giving due weightage to the educational qualification and service as per promotional policy of the Bank. Therefore, selection of SC/ST candidates will be made only if they are within the normal zone of consideration for such promotion and there is no separate zone of consideration for reserved vacancies. The zone in such cases would therefore be one fixed with reference to the total number of vacancies (including the reserved vacancies) for which a selection is made and only those SC/ST candidates who are within such normal zone of consideration would be considered for promotion against the reserved vacancies. This principle of zone of consideration is not applicable to posts filled by promotion on the basis of seniority subject to fitness.</p><p style="text-align: justify;">11. Though it is stated earlier in the counter that the Official Memorandum issued by the Government of India on 16.2.1982 is not relevant for the purpose of promotions of this kind, in paragraph-7 of it, it is stated that the instructions contained in the Memorandum are followed because it is relevant for this purpose. It is stated that as there was only one Scheduled Caste candidate who came within the zone of consideration, he was promoted in December, 1985 and that therefore the Writ Petitions based on misinterpretation of the Memorandum have no merit. Respondent-1 denied the allegation that roster system was not followed in promoting SC/ST candidates and contended that only one candidate belonging to Scheduled Caste being within the zone of consideration was promoted and the petitioner did not come within the zone of consideration. Although respondent-1 denied that separate lists of SC/ST candidates and general candidates should be prepared and separate interview conducted for each category for purposes of promotion, he admitted that out of 74 vacancies, there would be provision for 11 vacancies for Scheduled Castes and 6 vacancies for Scheduled Tribes candidates on the roster points. He has also admitted that the backlog of vacancies reserved for SC/ST during the year 1980-84 has been carried forward to the next three years. Denying all other allegations of the Writ Petitions, respondent-1 prays to dismiss them.</p><p style="text-align: justify;">12. Though notices were issued to respondent-2, Union of India, unfortunately, none appeared and no counter has been filed on their behalf. Therefore, the Court has no assistance from it to decide important legal contentions urged and to record findings thereon.</p><p style="text-align: justify;">13. In the additional Statement of Objections filed on behalf of respondent-1 on 26.3.1991, it is stated as follows:-</p><p style="text-align: justify;">Respondent-1 interviewed 296 clerks as against 74 vacancies notified. Out of them, one Sri Kamalaksha Rao (SI.No.40 in Annexure-A) was the only S.C.Candidate who came within the zone of consideration and therefore he was promoted. It is reiterated that zone of consideration will not be applicable to the promotion on seniority subject to fitness. In paragraph-3 it is stated that the Government of India clarified in their Circular dated 28.11.1986 (Annexure-5) with a chart (Annexure-6) the promotions that could be said to be made by selection. In paragraph-4 the stand taken is that reservations for SC/ST on the basis of 40 point roster were made in the years 1984, 1985 and 1987, that, accordingly, having regard to the vacancies, there were 23 posts in S.C. each year which could not be filled up, that the Bank did not make any promotions in 1986, that therefore it took a decision to fill up the entire backlog in the year 1988, that there were in all 180 vacancies in the year 1988 and 50% of it were reserved for promotions to SC/ST, that in a common test conducted for all the clerks including SC/ST clerks, the backlog could not be filled up for want of sufficient number of such candidates and that therefore a separate test was made only for them. After giving coaching classes to the candidates of these categories, 90 SC/ST clerks were promoted in the year 1988 out of 180, As per reservation, Bank is obliged to reserve only 15% for S.C. and 7.5% for ST. As against this, 90 persons were promoted i.e., as against 41 posts reserved for SC/ST, 90 SC/ST clerks were promoted as Officers. 50% of the total number of vacancies were reserved for SC/ST in 1988, even though the reservations are only 15% and 7.5% for S.C./S.T. respectively. The very fact that the Bank had a backlog of SC/ST from 1984 onwards itself shows that the Bank had been making reservations in the promotions also. In paragraph-5 it is stated that in 1989 also 50% of the total vacancies were reserved for SC/ST and 78 SC/ST Clerks were promoted out of 156 vacancies after conducting a separate test for them with relaxation of 15 marks. In 1989, 23 Scheduled Caste persons and 11 Scheduled Tribe persons had to be promoted. The Bank also filled up 16 and 8 respectively carrying forward 7 S.C. vacancies and 3 ST. vacancies. In the year 1990, after reserving 15 posts for Scheduled Castes and 7 posts for Scheduled Tribes, separate test was conducted and 22 clerks belonging to Scheduled Castes and 2 Scheduled Tribes were promoted and the present carry forward vacancy is only 8 in ST quota to be filled in the 1991 promotions. The second petitioner was promoted as Junior Management Grade Scale-l on 1.12.1988 after interview and therefore his grievance about his non-promotion does not survive.</p><p style="text-align: justify;">14. Sri Sridhar, learned Counsel for the petitioners, vehemently argued that the Writ Petition by petitioner-1 All India Vijaya Bank SC/ST Employees Association was maintainable in view of the Decision of the Supreme Court in AKHIL BHARATIYA SOSHIT KARAMCHARI SANGH (Railway) REPRESENTED BY ITS ASST. GENERAL SECRETARY ON BEHALF OF THE ASSOCIATION v. UNION OF INDIA, : (1981)ILLJ209SC . Regarding the merits of the case, the learned Counsel submitted that even though there was settlement under the two Settlement Deeds, referred to above, inter alia, dealing with promotions, in particular, of the employees belonging to Scheduled Castes and Scheduled Tribes by reserving vacancies as provided in the Circular instructions issued by the Government of India by way Brochure, respondent-1 deviated from the Settlement and the Circular instructions and promoted only those clerks, who were on top of the seniority list, of general category except one who was of Scheduled Caste, which had resulted injustice to the employees including the petitioner of Scheduled Castes and Scheduled Tribes, The legal contention urged by Sri Sridhar is that the contention of respondent-1 that the second petitioner K. Nagappayya did not come within the zone of consideration, therefore he was not promoted to the next higher cadre i.e., Junior Management Cadre Scale-l was unsustainable in view of the Decision of the Supreme Court in BIHAR STATE HARIJAN KALYAN PARISHAD v. UNION OF INDIA, : (1985)IILLJ173SC . He also brought to my notice the Ruling of the Supreme Court in the Review Petitions presented as against the Judgment rendered by it.</p><p style="text-align: justify;">15. Sri Ramadas, learned Counsel for respondent-!, argued supporting the action taken by respondent-1 in promoting the persons found in Annexure-II as per Annexure-A. His first contention is that the Writ Petition filed by petitioner-1 All India Vijaya Bank SC/ST Employees Association is not maintainable as the Association was not recognised. His next submission is that though respondent-1 could not follow the roster system for the purpose of promotion of candidates belonging to Scheduled Castes and Scheduled Tribes as on the date when 74 vacancies were filled up under Annexure-A, that was followed subsequently upto 1990 and promotions were given - to persons including the petitioner belonging to that categories. Therefore, he submits that the Writ Petitions may be dismissed as not surviving.</p><p style="text-align: justify;">16. Before going into the merits of the case, let me consider the preliminary objection raised by Sri Ramadas, first. According to him, petitioner-1 Association represented by Sri D.Narayana, its General Secretary, cannot maintain the Writ Petition for want of recognition. I do not think there is any force in submission of Sri Ramadas in view of the Decision of the Supreme Court in Akhil Bharatiya Soshit Karmachari Sangh's case wherein considering the very question, the Supreme Court in paragraph-63 held as follows:-</p><p style="text-align: justify;">'A technical point is taken in the counter-affidavit that the 1st petitioner is an unrecognised association and that, therefore, the petition to that extent, is not sustainable. It has to be overruled. Whether the petitioners belong to a recognised union or not, the fact remains that a large body of persons with a common grievance exists and they have approached this Court under Article 32. Our current processual jurisprudence is not of individualistic Anglo-Indian mould. It is broad-based and people-oriented, and envisions access to justice through 'class actions', 'public interest litigation', and 'representative proceedings'. Indeed, little Indians in large numbers seeking remedies in Courts through collective proceedings, instead of being driven to an expensive plurality of litigations, is an affirmation of participative justice in our democracy. We have no hesitation in holding that the narrow concept of 'cause of action' and 'person aggrieved' and individual litigation is becoming obsolescent in some jurisdictions. It must fairly be stated that the learned Attorney General has taken no objection to a non-recognized association maintaining the writ petitions'.</p><p style="text-align: justify;">Thus, the Supreme Court having rejected the contention on behalf of the Union of India held that such a Writ Petition even though presented by a non-recognized Association is still maintainable. Therefore, the preliminary objection raised by Sri Ramadas is rejected.</p><p style="text-align: justify;">16(a). On merits, the question that arises for my consideration in these Writ Petitions is whether respondent-1 was justified in promoting the persons found in Annexure-lf under Annexure-A.</p><p style="text-align: justify;">17. Before considering the main contentions urged by the learned Counsel on both sides as to the application of roster system to the vacancies to be filled up by promotion, let me see the policy made by the Government of India from time to time. Learned Counsel on both sides produced what is known as 'Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services', Seventh Edition, issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel and Training, New Delhi. Chapter-11 thereof deals with percentage of reservation for Scheduled Castes and Scheduled Tribes. It is not in dispute that in the light of the prescription under Chapter-2, 15% and 7 1/2% of the vacancies in posts and services under the Government of India are to be reserved in favour of Scheduled Castes and Scheduled Tribes respectively to be filled up by direct recruitment and by promotion, Chapter-9 of the Brochure deals with promotions -Reservations and Concessions. Paragraph-1 of Chapter 9 provides:</p><p style="text-align: justify;">'9.1 Promotion through limited departmental competitive examination.</p><p style="text-align: justify;"> xx xx xxIn promotions through departmental competitive examinations, Scheduled Castes/Scheduled Tribes candidates who have not acquired the general qualifying standard should also be considered for promotion provided they are not found unfit for such promotion. The qualifying standard in such examination should be relaxed in favour of Scheduled Castes and Scheduled Tribes candidates in keeping with the above criterian.</p><p style="text-align: justify;">For determining the number of vacancies to be reserved for Scheduled Castes and Scheduled Tribes in such promotions, a separate roster on the lines of the roster prescribed in Annexure-l to O.M.No.1/11/69-Est(SC7) dated 22.4.1970 (in Which points 1, 8, 14, 22, 28 and 36 are reserved for Scheduled Castes and points 4, 17 and 31 are reserved for Scheduled Tribes) should be followed.' </p><p style="text-align: justify;">Clause (a) of paragraph-2 of Chapter 9 which deals with promotions by selection within Group A (Class-l), inter alia, provides that in promotions by selection to posts within Group A (Class I) which carry salary of Rs.2,250/- per month or less, there is no reservation, but the Scheduled Castes/ Scheduled Tribes 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.</p><p style="text-align: justify;">18. Promotions by selection to Group B, within Group B and from Group B to the lowest rung in Group A (to Class II within Class II and from Class II to the lowest rung in Class I) are directed to be made by following the following instructions:-</p><p style="text-align: justify;">9.2(b)(1) Selection against vacancies reserved for Scheduled Castes and Scheduled Tribes will be made only from among those Scheduled Castes/ Scheduled Tribes Officers who are within the normal zone of consideration prescribed by DP&AR; O.M.No.22011/3/76-Estt(D) dated 24th December, 1980, where adequate number of SC/ST candidates are not available within the normal field of choice, it may be extended to 5 times the number of vacancies and the SC/ST candidates (and not any other) coming within the extended field of choice should also be considered against the vacancies reserved for them.</p><p style="text-align: justify;">(ii) If candidates from Scheduled Castes and Scheduled Tribes obtain on the basis of merit with due regard to seniority, on the same basis as others, less number of vacancies than that reserved for them, the difference should be made up by selecting the candidates of these communities who are in the zone of consideration irrespective of merit but who are considered fit for promotion.</p><p style="text-align: justify;">(iii) A select list should then be prepared in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of merit and seniority according to the general principles for promotion to selection posts laid down in the Ministry of Home . Affairs O.M.No.1/4/55-RPS dated 16th May, 1957, i.e., by placing the names in the three categories viz., 'Outstanding', Very-Good' and 'Good' in that order, without disturbing the seniority interest within each category. Such of the meritorious SC/ST candidates who are in the extended field and get selected should retain their position in the panel in accordance with their gradation by the D.P.C. This select list should, thereafter, be followed for making promotions in vacancies as and when they arise during the year.</p><p style="text-align: justify;">(iv) For determining the number of vacancies to be reserved for Scheduled Castes and Scheduled Tribes in a Select List, a separate roster on the lines of the roster prescribed in Annexure-l to O.M.No.1/11/69-Estt (SCT) dated the 22nd April, 1970 (in which points 1, 8, 14, 22, 28 and 36 are reserved for Scheduled Castes and points 4, 17 and 31 for Scheduled Tribes) should be followed. If, owing to non-availability of suitable candidates belonging to Scheduled Castes or Scheduled Tribes, as the case may be, it becomes necessary to dereserve a reserved vacancy, action should be taken in accordance with O.M.No. 36011/ 25/79-Estt.(SC7) dated 16.11.1979.</p><p style="text-align: justify;">(v) There will, however, be no carry forward or reservations from year to year in the event of an adequate number of Scheduled Caste/Scheduled Tribe candidates not being available in any particular year.</p><p style="text-align: justify;">(vi) While vacancies reserved for Scheduled Castes and Scheduled Tribes will continue to be reserved for respective community only, a Scheduled Caste Officer may also be considered for appointment against a vacancy reserved for Scheduled Tribes or vice versa, in the same year itself in which the reservation is made, where the appropriate reserved vacancy could not be filled by a Scheduled Tribe or a Scheduled Caste candidate as the case may be.</p><p style="text-align: justify;">(vii) Although in such promotions, there is no carry forward of reservations from year to year vide sub-para (v) above, as an exception, when a vacancy falling on a reserved point in the roster is treated as unreserved due to its being the only vacancy during the year of promotion, the reservation so due against the reserved point should be carried forward to subsequent three recruitment years and the provisions of para 11.2 regarding reservation of a single vacancy in the year of carry forward will apply in such cases. Accordingly, the reservations carried forward on account of there being only one vacancy during the initial year of promotion, should be adjusted by treating the vacancy arising in the subsequent year(s) as reserved, even though there might be only a single vacancy in that subsequent year(s). xx xx xx</p><p style="text-align: justify;">19. Paragraph 9.2(c) dealing with promotions by selecting Group C and D (Class III and IV) appointments contains instructs more or less similar to instructions extracted above except to extent as below:</p><p style="text-align: justify;">'For such posts, the Select List of Scheduled Castes/Scheduled Tribes Officers should be drawn up separately to fill the reserved vacancies. Officers belonging to these classes should be adjudged separately and not along with other officers and if they are fit for promotion, they should be included in the list irrespective of their merit as compared to other officers. Promotions against reserved vacancies will be subject to the candidates satisfying the prescribed minimum standards.'</p><p style="text-align: justify;">20. Paragraph 9.3 dealing with promotions on the basis of seniority subject to fitness, which is important for our purpose, provides:</p><p style="text-align: justify;">'The principles of zone of consideration is not applicable to promotions by seniority subject to fitness. While referring proposals to the Departmental Promotion Committee for promotion on the basis of seniority subject to fitness in respect of vacancies expected to arise during a year, the following procedure should be followed to give effect to the reservations mentioned above.</p><p style="text-align: justify;"> (i) A separate 40 point roster to determine the number of reserved vacancies in a year should be followed on the lines of the roster prescribed in Annexure-l to the Ministry of Home Affairs O.M.No,1/11/69-Estt (SCT) dated the 22nd April, 1970, in which points 1, 8, 14, 22, 28 and 36 are reserved for Scheduled Castes and points 4, 17 and 31 are reserved for Scheduled Tribes,</p><p style="text-align: justify;">(ii) Wherever according to the points in the roster there are any vacancies reserved for Scheduled Castes and Scheduled Tribes separate lists should be drawn up of the eligible Scheduled Castes or the Scheduled Tribes officers, as the case may be arranged in order of their inter-se seniority in the main list.</p><p style="text-align: justify;">(iii) The Scheduled Castes and Scheduled Tribes Officers should be adjudged by the Departmental Promotion Committee separately in regard to their fitness.</p><p style="text-align: justify;">(iv) When the Select Lists of Officers in the general category and those belonging to Scheduled Castes and Scheduled Tribes have been prepared by the Departmental Promotion Committee, these should be merged into a combined Select List in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of their inter se seniority in the original seniority list of the category or grade from which promotion is being made. This combined select list should thereafter be followed for making promotions in vacancies as and when they arise during the year.</p><p style="text-align: justify;">(v) If the number of eligible candidates belonging to Scheduled Castes/Scheduled Tribes found fit for promotion fails short of the number of vacancies reserved for either of them during the year, action for dereservation should be taken in accordance with O.M.No.36011/ 25/79-Estt (SCI) dated 16th November, 1979, subject to the reservation being carried forward to three subsequent recruitment years and exchange of vacancies between Scheduled Castes and Scheduled Tribes in the final year of carry forward.' </p><p style="text-align: justify;">21. It is not in dispute that the petitioner-2 being Clerk in the Bank of respondent-1 is of Scheduled Caste and was due for promotion, but his case was not considered as he was not within the zone of consideration. As to the mode of promotion whether it is by selection or by seniority subject to fitness, there is dispute, According to the petitioners, it is promotion by seniority subject to fitness while, according to respondent-1, it is by selection. But, one thing is clear, respondent-1 has in clear terms admitted in the counter that it was a promotion by seniority subject to fitness though he contended subsequently that it was a promotion by selection. Assuming for the purpose of argument that it was a promotion by selection, according to paragraph 9.2(v), there shall not be any carry forward of reservations from year to year in the event of adequate number of Scheduled Castes/Scheduled Tribes candidates not being available in any particular year. Therefore, the contention on behalf of respondent-1 that because adequate number of Scheduled Caste/ Scheduled Tribes candidates was not available in the year 1985, the vacancies were carried forward and in subsequent years, those vacancies were filled up by promoting Scheduled Castes/Scheduled Tribes candidates was unsustainable, the action so taken being illegal. Even it is not the case of respondent-1 that a Scheduled Tribes candidates was promoted to the vacancy reserved for Scheduled Tribe or vice versa as is provided in paragraph 9.2(b)(vi) of the Brochure. Nothing is done.</p><p style="text-align: justify;">22. Coming to the instructions provided under paragraph 9.3 of the Brochure relating to promotions on the basis of seniority subject to fitness, the principles of zone of consideration are not applicable to promotions of this kind. According to the instructions under this paragraph, when the matter of promotions is taken into consideration, the competent authority is required to reserve the vacancies according to the roster system for Scheduled Castes and Scheduled Tribes first and then to prepare separate lists of eligible candidates in that categories and those candidates should be adjudged by the Departmental Promotion Committee separately in regard to their fitness independent of the candidates of other categories. This is what the Brochure says in paragraph-9 of Chapter-6 with regard to separate interview of Scheduled Castes and Scheduled Tribes candidates:</p><p style="text-align: justify;">'For reserved vacancies, interview of Scheduled Castes and Scheduled Tribes candidates should be held on a day or sitting of the Selection Committee other than the day or sitting on which general candidates are to be interviewed so that the Scheduled Castes and Scheduled Tribes candidates are not judged in comparison with general candidates and the interviewing authority/Board is/are prominently aware of the need for judging the Scheduled Caste/Scheduled Tribe candidates by relaxed standards.</p><p style="text-align: justify;">23. Chapter-8 of the Brochure of 1988 deals in paragraph 8.1 with safeguards against supersession of SC/ST in promotion. It says;</p><p style="text-align: justify;">'In posts filled by promotion (by selection or on the basis of seniority subject to fitness) wherever the orders regarding reservation apply vide para 3.12 and 8.1(b), (c) and 8.2 in regard to cases where eligible Scheduled Castes/Scheduled Tribes candidates, though available, are not appointed/selected for the reserved vacancies, the appointing authorities should submit such cases to the Board of Directors in case of Officers' cadre and to Chief Executive in case of clerks for information and for taking such necessary action as it may deem fit.</p><p style="text-align: justify;">8.2.2 The Departmental Promotion Committees/Selection Committees/Selection Boards may evolve their own criteria for assessing the suitability for promotion keeping in view the requirements of the job and the capacity of the Officers) to adequately perform the job. However, before any SC/ST Officer is considered 'Unfit promotions', the Departmental Committee/ Selection Committee may satisfy itself that the concerned officer had been advised about his unsatisfactory performance and that his explanation/representations, if any against this had been considered by the appropriate authorities.</p><p style="text-align: justify;">24. Respondent-1 has nowhere stated muchless produced an iota of evidence to show that he reserved the vacancies, at the time of promotions under Annexure-A, for Scheduled Castes and Scheduled Tribes, prepared separate lists of them, conducted separate interview for them and, on finding them to be unfit for promotion, took action to report the matter to the competent authority to consider their representations on the advice about their unsatisfactory performance. The contention urged on behalf of respondent-1 in this behalf, that only one candidate belonging to Scheduled Caste was within the zone of consideration, therefore he was promoted, is illogical and cannot be sustained in the absence of proof.</p><p style="text-align: justify;">25. Regarding the applicability of the Circular instructions issued by the Government of India in matter of promotions to employees working in the Banking institutions, respondent-1 was not right in contending in paragraph-6 of the counter that the Official Memorandum dated 16.2.1982 dealing with promotions by seniority subject to fitness is not applicable to promotions from the Cadre of Clerks, though he stated in the preceding paragraph that it was applicable. It is needless to say that the instructions contained in the Brochure are issued from time to time by the Government of India in order to discharge the Constitutional mandate and every authority coming within the meaning of Article 12 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> shall carry out such instructions and failure to comply with such instructions amounts to violation of Articles 14 and 16 of the Constitution resulting in the action of such authority being vitiated.</p><p style="text-align: justify;">26. That apart, reservation is also applicable to promotions by selection to posts within Group 'A' as provided in paragraph 9 of the Brochure and the departmental authorities under the State are duty bound to follow the administrative instructions issued from time to time in that regard to promote with special care the educational and economic interests of the Scheduled Castes and Tribes and to protect them from social injustice and all forms of exploitation and on failure to comply with such instruction, the Court may issue directions to carry out such instruction, even though it is non-statutory, (please see Comptroller v. Jagannathan, : [1986]2SCR17 . The Supreme Court in the case of Bihar State Harijan Kalyan Parishad interpreting Paragraph-9 of the Brochure with reference to Articles 309 and 335 of the Constitution held in paragraphs 2 and 3 as follows-</p><p style="text-align: justify;">'The rule of 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, but that the procedure is slightly different than in the case of other posts. While the rule of reservation applies to promotions by selection to posts within Group 'A' carrying a salary of Rs. 2,250/- per month or less, it is prescribed that only those Officers belonging to the Scheduled Castes and Scheduled Tribes will be considered for promotion, who are senior enough to be within the zone of consideration. The Select List depending upon the number of vacancies would be drawn up in which would also be included those officers belonging to the Scheduled Castes and Scheduled Tribes who are not considered unfit for promotion. Their position in the Select List would be that assigned to them by the Departmental Promotion Committee on the basis of the record of service. In other words, their inclusion in the Select List would not give them seniority, merely by virtue of their belonging to the Scheduled Castes and Scheduled Tribes over other Officers placed above them in the Select List by the Departmental Promotion Committee.</p><p style="text-align: justify;">3. It is at once seen that the two letters are contrary to paragraph 9 of the Presidential Directive on which they purport to place reliance. Paragraph 9 of the Presidential Directive nowhere says that the rule of reservation does not apply to promotion by selection to posts within Group 'A' which carry an ultimate salary of Rs. 2,250/- per month or less. On the other hand paragraph of the Presidential Directive proceeds on the basic assumption that the rule of reservation does apply but prescribes a certain procedure to be followed, a procedure different from the usual procedure adopted in filling up posts reserved for Scheduled Castes and Scheduled Tribes. It is indeed a matter of surprise to us that the Ministry of Steel and Mines has chosen to place such an interpretation on paragraph 9 of the Presidential Directive. The stand taken by them in the letter dated April 8, 1984 is reiterated in paragraph 5 of the counter affidavit filed on behalf of the Union of India. No explanation has been given in the counter affidavit for what appears to us to be a plain volte face. We have no option, but to quash the letters dated April 8, 1982 and August 19, 1982 above extracted by us and to direct the respondents to give effect to paragraph 9 of the Presidential Directive with effect from the date of the Directive. We have set out our interpretation of the Presidential Directive and effect will be given to the Presidential Directive in the manner interpreted by us. We also wish to make it clear that the classification of posts will be on the same lines as mentioned in paragraph 2 of the Presidential Directive. The Writ Petition is allowed with costs.' </p><p style="text-align: justify;">27. In the light of the above observations of the Supreme Court, respondent-1 ought to have considered those candidates belonging to Scheduled Castes and Scheduled Tribes who were eligible for being considered except those who were unfit for promotion and drawn up a select list. The case of the petitioners is that no opportunity was given petitioner-2 and other Scheduled Castes and Scheduled Tribes Clerks of promotion though they were eligible for being considered. On the other hand, the stand taken by respondent-1 is that only one S.C. candidate was eligible for being considered for promotion as against 74 vacancies and accordingly he was promoted. It is not his case that candidates belonging to Scheduled Castes and Scheduled Tribes were called for interview in the ratio of 1:4 as against 11 vacancies of S.C. and 6 vacancies of ST., reserved as against 74 vacancies at 15% and 7 1/2% respectively and were found to be unfit for promotion, their eligibility having been considered. On the other hand, except one person belonging to Scheduled Caste none from either Scheduled Castes and Scheduled Tribes were considered for promotion keeping in view the instructions in the Brochure. Therefore, non-compliance of the instructions resulted in violation of Articles 14 and 16 of the Constitution.</p><p style="text-align: justify;">28. The contention of Sri Ramadas, learned Counsel for respondent-1 that subsequently, however, upto 1990 a large number of persons belonging to Scheduled Castes and Scheduled Tribes were considered for the purpose of promotion to the posts reserved in accordance with the instructions in the Brochure is not the answer to the question Before Court, inasmuch as when 74 vacancies were filled up under Annexure-A on 16.12.1985, respondent-1 failed to consider the case of petitioner-2 and other similar persons for promotion from clerical cadre to Junior Management Cadre Scale-l according to roster system provided for Scheduled Castes and Scheduled Tribes in the Circular instructions issued by the Government of India.</p><p style="text-align: justify;">29. Subsequent to the Decision in Bihar State Harijan Kalyan Parishad, the Supreme Court had occasion to consider similar question in SYNDICATE BANK SCHEDULED CASTES & SCHEDULED TRIBES EMPLOYEES ASSOCIATION (Regd) THROUGH ITS GENERAL SECRETARY SHRI. K.S.BADLIA AND ORS. v. THE UNION OF INDIA, THROUGH ITS ADDL. SECRETARY, MINISTRY OF FINANCE (DEPARTMENT OF ECONOMIC AFFAIRS), BANKING DIVISION, JEEVAN DEEP BUILDING, PARLIAMENT ST. NEW DELHI, : (1990)IILLJ354SC . Considering the various contentions at length urged on both sides, the Supreme Court disposed of W.P. No. 847 of 1987 on 10,8.1990 with the following order.</p><p style="text-align: justify;">'In the result, this petition is allowed. The order of the respondents dated 15th June, 1987 and 25th June, 1987 are declared as illegal. It is further decided that though Group A posts are Selection posts, still the reservation policy is applicable to such posts and the respondents are directed to compute the backlog of unfilled reserved quota available to the SC/ST Officers in the promotional posts with effect from 1.1.1978, the date of introduction of reservation policy in the respondent bank. The respondents are further directed to grant promotion to the SC/ST employees of the Syndicate Bank with all consequential benefits of salary and allowances from the respective date with effect from which they should have been promoted, after applying the roaster system in their favour. We grant three month's time to carry out these directions.'</p><p style="text-align: justify;">Thereafter, the respondents viz., Union of India and the Bank filed Review Petitions Nos. 592 and 608 of 1990 against the judgment in the above case and the Supreme Court dismissed the Review Petitions as not pressed.</p><p style="text-align: justify;">30. Thus, viewed from these circumstances, it is clear in the mind of the Court that promotion of 74 persons under Annexure-A and Annexure-II impugned herein without following the roster system provided for promotion of Scheduled Castes and Scheduled Tribes candidates cannot be sustained and the same is liable to be quashed for non-compliance of mandatory requirement of Articles 14 and 16 of the Constitution. Sri Ramadas, learned Counsel for respondent-1 has not been able to convince the Court to take a different view.</p><p style="text-align: justify;">31. In the result and for the reasons stated above, I make the following</p><p style="text-align: justify;">',
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		(int) 176 => 'MINISTRY OF FINANCE (',
		(int) 177 => 'DEPARTMENT OF ECONOMIC AFFAIRS',
		(int) 178 => 'PARLIAMENT ST',
		(int) 179 => 'the Supreme Court',
		(int) 180 => 'W.P. No',
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		(int) 182 => 'SC',
		(int) 183 => 'the Syndicate Bank',
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		(int) 0 => 'J.1',
		(int) 1 => 'Clerks',
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		(int) 3 => 'Anglo-Indian',
		(int) 4 => 'Indians'
	),
	'CARDINAL' => array(
		(int) 0 => 'two',
		(int) 1 => '1',
		(int) 2 => '2',
		(int) 3 => 'two',
		(int) 4 => 'four',
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		(int) 6 => '5',
		(int) 7 => '74',
		(int) 8 => '11',
		(int) 9 => 'six',
		(int) 10 => '74',
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		(int) 12 => '296',
		(int) 13 => 'four',
		(int) 14 => '74',
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		(int) 18 => '1:4',
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		(int) 20 => '16.2.1982',
		(int) 21 => '1:4',
		(int) 22 => '16.2.1982',
		(int) 23 => 'only one',
		(int) 24 => '74',
		(int) 25 => '11',
		(int) 26 => '6',
		(int) 27 => '296',
		(int) 28 => '74',
		(int) 29 => '40',
		(int) 30 => '23',
		(int) 31 => '180',
		(int) 32 => '90',
		(int) 33 => '180',
		(int) 34 => '90',
		(int) 35 => '41',
		(int) 36 => '90',
		(int) 37 => '78',
		(int) 38 => '156',
		(int) 39 => '23',
		(int) 40 => '11',
		(int) 41 => '16',
		(int) 42 => '7',
		(int) 43 => '3',
		(int) 44 => '15',
		(int) 45 => '7',
		(int) 46 => '22',
		(int) 47 => '2',
		(int) 48 => 'only 8',
		(int) 49 => '1981)ILLJ209SC',
		(int) 50 => '1985)IILLJ173SC',
		(int) 51 => '74',
		(int) 52 => '1',
		(int) 53 => '4',
		(int) 54 => '5',
		(int) 55 => 'three',
		(int) 56 => '1',
		(int) 57 => '4',
		(int) 58 => '16.11.1979.(v',
		(int) 59 => 'three',
		(int) 60 => '11.2',
		(int) 61 => '9.3',
		(int) 62 => '40',
		(int) 63 => '1',
		(int) 64 => '4',
		(int) 65 => '25/79',
		(int) 66 => 'three',
		(int) 67 => 'one',
		(int) 68 => '9.2(v',
		(int) 69 => '9.2(b)(vi',
		(int) 70 => '9.3',
		(int) 71 => '8.1',
		(int) 72 => '3.12',
		(int) 73 => '8.2',
		(int) 74 => 'only one',
		(int) 75 => '16.2.1982',
		(int) 76 => '16',
		(int) 77 => '9',
		(int) 78 => '1986]2SCR17',
		(int) 79 => '335',
		(int) 80 => '2',
		(int) 81 => '3',
		(int) 82 => 'two',
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		(int) 84 => '9',
		(int) 85 => '9',
		(int) 86 => '5',
		(int) 87 => '9',
		(int) 88 => '2',
		(int) 89 => '27',
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		(int) 92 => '11',
		(int) 93 => '6',
		(int) 94 => '74',
		(int) 95 => 'one',
		(int) 96 => '16',
		(int) 97 => '74',
		(int) 98 => '1990)IILLJ354SC',
		(int) 99 => '847',
		(int) 100 => '10,8.1990',
		(int) 101 => '1.1.1978',
		(int) 102 => '592',
		(int) 103 => '608',
		(int) 104 => '74',
		(int) 105 => '16'
	),
	'PERSON' => array(
		(int) 0 => 'Sri D.Narayana',
		(int) 1 => 'Sri K.Nagappayya',
		(int) 2 => 'Bangalore',
		(int) 3 => 'Cadre Scale-l',
		(int) 4 => 'Cadre Scale-l',
		(int) 5 => 'Cadre Scale-l',
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		(int) 8 => 'CAIIB',
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		(int) 10 => 'Stenographers',
		(int) 11 => 'Banks',
		(int) 12 => 'Tribes',
		(int) 13 => 'Circular No.197/85',
		(int) 14 => 'Articles 14',
		(int) 15 => 'Grade-ll',
		(int) 16 => 'Scheduled Caste',
		(int) 17 => 'them.12',
		(int) 18 => 'Sri Kamalaksha Rao',
		(int) 19 => 'Sri Sridhar',
		(int) 20 => 'ON BEHALF',
		(int) 21 => 'Scheduled Caste',
		(int) 22 => 'Sri Sridhar',
		(int) 23 => 'Cadre Scale-l',
		(int) 24 => 'Sri Ramadas',
		(int) 25 => 'Sri Ramadas',
		(int) 26 => 'Sri D.Narayana',
		(int) 27 => 'Sri Ramadas',
		(int) 28 => 'Karmachari Sangh's',
		(int) 29 => 'Sri Ramadas',
		(int) 30 => 'Tribes',
		(int) 31 => 'xx xx xxIn',
		(int) 32 => 'Tribes',
		(int) 33 => 'xx xx',
		(int) 34 => 'Clerk',
		(int) 35 => 'Officers',
		(int) 36 => 'Scheduled Caste',
		(int) 37 => 'Articles 14',
		(int) 38 => 'Tribes',
		(int) 39 => 'Comptroller',
		(int) 40 => 'Jagannathan',
		(int) 41 => 'Bihar State',
		(int) 42 => 'Harijan Kalyan',
		(int) 43 => 'Articles 309',
		(int) 44 => 'Scheduled Caste',
		(int) 45 => 'Articles 14',
		(int) 46 => 'Sri Ramadas',
		(int) 47 => 'Cadre Scale-l',
		(int) 48 => 'JEEVAN DEEP BUILDING',
		(int) 49 => 'Articles 14',
		(int) 50 => 'Sri Ramadas'
	),
	'DATE' => array(
		(int) 0 => '197/85',
		(int) 1 => '16.12.1985',
		(int) 2 => '17.6.1982',
		(int) 3 => '25.7.1985',
		(int) 4 => '25.7.1985',
		(int) 5 => '16th June, 1982',
		(int) 6 => '17.6,1982',
		(int) 7 => '4 years',
		(int) 8 => '5 years',
		(int) 9 => 'less than 3 year',
		(int) 10 => '1985',
		(int) 11 => '1980 to 1984',
		(int) 12 => 'a day',
		(int) 13 => 'the day',
		(int) 14 => '1985',
		(int) 15 => '17.6.1982',
		(int) 16 => '25.7.1985',
		(int) 17 => 'December, 1985',
		(int) 18 => 'the year 1980-84',
		(int) 19 => 'the next three years',
		(int) 20 => '26.3.1991',
		(int) 21 => '28.11.1986',
		(int) 22 => 'the years 1984, 1985 and',
		(int) 23 => '1987',
		(int) 24 => 'each year',
		(int) 25 => '1986',
		(int) 26 => 'the year 1988',
		(int) 27 => 'the year 1988',
		(int) 28 => 'the year 1988',
		(int) 29 => '1988',
		(int) 30 => '1984',
		(int) 31 => '1989',
		(int) 32 => '1989',
		(int) 33 => '8',
		(int) 34 => 'the year 1990',
		(int) 35 => '1991',
		(int) 36 => '1.12.1988',
		(int) 37 => '1990',
		(int) 38 => 'paragraph-63',
		(int) 39 => 'the 1st',
		(int) 40 => '22.4.1970',
		(int) 41 => '8',
		(int) 42 => '14',
		(int) 43 => '22',
		(int) 44 => '28',
		(int) 45 => '36',
		(int) 46 => '17',
		(int) 47 => '31',
		(int) 48 => 'Rs.2,250/- per month or less',
		(int) 49 => '24th December, 1980',
		(int) 50 => '16th May, 1957',
		(int) 51 => 'the 22nd April, 1970',
		(int) 52 => '8',
		(int) 53 => '14',
		(int) 54 => '22',
		(int) 55 => '28',
		(int) 56 => '36',
		(int) 57 => '17',
		(int) 58 => '31',
		(int) 59 => 'year',
		(int) 60 => 'the same year',
		(int) 61 => 'year',
		(int) 62 => 'year',
		(int) 63 => 'the year',
		(int) 64 => 'the year',
		(int) 65 => 'the initial year',
		(int) 66 => 'a year',
		(int) 67 => 'a year',
		(int) 68 => 'the 22nd April, 1970',
		(int) 69 => '8',
		(int) 70 => '14',
		(int) 71 => '22',
		(int) 72 => '28',
		(int) 73 => '36',
		(int) 74 => '17',
		(int) 75 => '31',
		(int) 76 => 'the year',
		(int) 77 => '16th November, 1979',
		(int) 78 => 'years',
		(int) 79 => 'the final year',
		(int) 80 => '21',
		(int) 81 => 'year',
		(int) 82 => 'any particular year',
		(int) 83 => 'the year 1985',
		(int) 84 => 'subsequent years',
		(int) 85 => 'the day',
		(int) 86 => '2,250/- per month or less',
		(int) 87 => '2,250/- per month or less',
		(int) 88 => '2,250/- per month or less',
		(int) 89 => 'April 8, 1984',
		(int) 90 => 'April 8, 1982',
		(int) 91 => 'August 19, 1982',
		(int) 92 => '1990',
		(int) 93 => '16.12.1985',
		(int) 94 => '1987',
		(int) 95 => '15th June, 1987',
		(int) 96 => '25th June, 1987',
		(int) 97 => 'three month's',
		(int) 98 => '1990'
	),
	'ORDINAL' => array(
		(int) 0 => 'first',
		(int) 1 => 'second',
		(int) 2 => 'second',
		(int) 3 => 'second',
		(int) 4 => 'first',
		(int) 5 => 'first',
		(int) 6 => 'first'
	),
	'PERCENT' => array(
		(int) 0 => '75%',
		(int) 1 => 'the remaining',
		(int) 2 => '35%',
		(int) 3 => '15% and 7 1/2%',
		(int) 4 => '25%',
		(int) 5 => '40%',
		(int) 6 => '35%',
		(int) 7 => '35%',
		(int) 8 => '50%',
		(int) 9 => 'only 15%',
		(int) 10 => '7.5%',
		(int) 11 => '50%',
		(int) 12 => 'only 15% and 7.5%',
		(int) 13 => '50%',
		(int) 14 => '15% and 7 1/2%',
		(int) 15 => '15% and 7 1/2%'
	),
	'TIME' => array(
		(int) 0 => '1:4 i.e.'
	),
	'LOC' => array(
		(int) 0 => 'the Scheduled Castes',
		(int) 1 => 'Scheduled Castes',
		(int) 2 => 'Settlement',
		(int) 3 => 'Scheduled Castes',
		(int) 4 => 'Scheduled Castes',
		(int) 5 => 'Scheduled Castes',
		(int) 6 => 'Scheduled Castes',
		(int) 7 => 'Scheduled Castes',
		(int) 8 => 'Scheduled Castes',
		(int) 9 => 'the Scheduled Castes'
	),
	'GPE' => array(
		(int) 0 => 'ST',
		(int) 1 => 'Services',
		(int) 2 => 'S.C.',
		(int) 3 => 'S.C.',
		(int) 4 => 'ST',
		(int) 5 => 'S.C.',
		(int) 6 => 'ST',
		(int) 7 => 'ST',
		(int) 8 => 'Counsel',
		(int) 9 => 'BIHAR STATE',
		(int) 10 => 'Counsel',
		(int) 11 => 'Courts',
		(int) 12 => 'New Delhi',
		(int) 13 => 'S.C.',
		(int) 14 => 'S.C.',
		(int) 15 => 'ST',
		(int) 16 => 'NEW DELHI'
	),
	'PRODUCT' => array(
		(int) 0 => 'Memorandum',
		(int) 1 => 'Memorandum'
	),
	'MONEY' => array(
		(int) 0 => '15 marks',
		(int) 1 => '25/79-Estt.(SC7'
	),
	'WORK_OF_ART' => array(
		(int) 0 => 'Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services'',
		(int) 1 => 'Seventh Edition',
		(int) 2 => 'Scheduled Castes',
		(int) 3 => 'Scheduled Caste/Scheduled Tribe',
		(int) 4 => 'Scheduled Castes',
		(int) 5 => 'Scheduled Castes',
		(int) 6 => 'The Scheduled Castes',
		(int) 7 => 'Scheduled Caste',
		(int) 8 => 'Scheduled Caste/ Scheduled Tribes',
		(int) 9 => 'Castes/Scheduled Tribes',
		(int) 10 => 'the Scheduled Castes',
		(int) 11 => 'the Scheduled Caste/Scheduled Tribe',
		(int) 12 => 'Scheduled Castes/Scheduled Tribes',
		(int) 13 => 'Officers',
		(int) 14 => 'Officers',
		(int) 15 => 'the Scheduled Castes',
		(int) 16 => 'the Scheduled Castes',
		(int) 17 => 'the Scheduled Castes',
		(int) 18 => 'Scheduled Castes',
		(int) 19 => 'Scheduled Castes'
	),
	'EVENT' => array(
		(int) 0 => 'Class II'
	),
	'FAC' => array(
		(int) 0 => 'the Cadre of Clerks',
		(int) 1 => 'Constitutional'
	)
)
$desc = array(
	'Judgement' => array(
		'id' => '378000',
		'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 14 and 16',
		'appealno' => 'W.P. Nos. 20012 and 20013 of 1985',
		'appellant' => 'All India Vijaya Bank Sc/St Employees Association',
		'authreffered' => '',
		'casename' => 'All India Vijaya Bank Sc/St Employees Association Vs. Vijaya Bank',
		'casenote' => 'CIRCULAR  NO. 197/85 DATED 16.12.1985: SETTLEMENT DEEDS DATED 17.6.1982 &amp; 25.7.1985 : BROCHURE ON RESERVATIONS FOR SCHEDULED CASTES AND SCHEDULED TRIBES IN SERVICES - Writ Petition by Association though non-recognized maintainable -Reservation : procedure &amp; method of implementation -Instructions in Brochure discharge of Constitutional mandate binding every authority, non-compliance violation of Articles 14 &amp; 16 of Constitution of India, vitiating action taken - Reservation applicable to promotions by selection in Group 'A' as per Para 9 - Promotions ignoring Roster system unsustainable &amp; liable to be quashed.;(i) Such Writ Petition even though presented by a
non-recognized Association is still maintainable.;(ii) In the light of the prescription under Chapter II [of the Brochure], 15% and 7 1/2% of the vacancies in posts and services under the Government of India are to be reserved in favour of Scheduled Castes and Scheduled Tribes respectively to be filled up by direct recruitment and by promotion... Clause (a) of paragraph-2 of Chapter 9 which deals with promotions by selection within Group A (Class-1), inter alia, provides that in promotions by selection to posts within Group A (Class-1) which carry salary of Rs. 2250/- per month or less, there is no reservation, but the Scheduled Castes/Scheduled Tribes 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... It is needless to say that the instructions contained in the Brochure are issued from time to time by the Government of India in order to discharge the Constitutional mandate and every authority coming within the meaning of Article 12 of the Constitution of India shall carry out such instructions and failure to comply with such instructions
amounts to violation of Articles 14 and 16 of the Constitution resulting in the action of such authority being vitiated... That apart, reservation is also applicable to promotions by selection to posts within Group 'A' as provided in paragraph 9 of the Brochure and the Departmental authorities under the State are duty bound to follow the administrative instructions issued from time to time in that regard to promote with special care the educational and economic interest of the Scheduled Castes and Tribes and to protect them from social injustice and all forms of exploitation and on failure to comply with such instruction, the Court may issue directions to carry out such instruction, even though it is non-statutory.;The contention that because adequate number of Scheduled Caste/Scheduled Tribes candidates was not available in the year 1985, the vacancies were carried forward and in subsequent years, those vacancies were filled up by promoting Scheduled Castes/Scheduled Tribes candidates was unsustainable, the action so taken being illegal.... The contention that only one candidate belonging to Scheduled caste was within the zone of consideration, therefore he was promoted is illogical and cannot be sustained in the absence of proof... It is not the case that candidates belonging to Scheduled Castes and Scheduled Tribes were called for interview in the ratio of 1:4 as against 11 vacancies of SC and 6 vacancies of ST, reserved as against 74 vacancies at 15% and 7 1/2% respectively and were found to be unfit for promotion, their eligibility having been considered. On the other hand, except one person belonging to Scheduled Caste none from either Scheduled Castes and Scheduled Tribes were considered for promotion keeping in view the instructions in the Brochure. Therefore, non-compliance of the instructions resulted in violation of Articles 14 and 16 of the Constitution... promotion of 74 persons impugned herein without following the roster system provided for promotion of Scheduled Castes and Scheduled Tribes candidates cannot be sustained and the same is liable to be quashed for non-compliance of mandatory requirement of Articles 14 and 16 of the Constitution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 482: [Dr. K.Bhakthavatsala, J] Offence under Section 292 of I.P.C., -  Allegation that Petitioners were watching obscene film privately in their residence - Whether privately viewing obscene film constitute an offence punishable under Section 292 of I.P.C., ?  Held, Section 292 of I.P.C. was added in accordance with the resolution passed by the International Convention for the suppression and circulation of, and traffic in, obscene publications, signed at Geneva on behalf of the Governor General in Council on the 12th day of September 1923. It is not the case of prosecution that the accused were possessing the obscene films for the purpose of sale, distribution, circulation etc., as mentioned in clause (a) of Sub-section 2 of Section 292 of I.P.C. Therefore, the act of the Petitioners privately viewing obscene film does not constitute an offence under Section 292 of I.P.C., The  Magistrate has erred in taking cognizance of offence under Section 292 of I.P.C. Hence, proceedings initiated against the petitioners is quashed. 

INDIAN PENAL CODE,1860[C.A.No.45/1860]   Section 292: [Dr. K.Bhakthavatsala, J] Offence under -  Allegation that Petitioners were watching obscene film privately in their residence - Whether privately viewing obscene film constitute an offence punishable under Section 292 of I.P.C., ?  Held, Section 292 of I.P.C. was added in accordance with the resolution passed by the International Convention for the suppression and circulation of, and traffic in, obscene publications, signed at Geneva on behalf of the Governor General in Council on the 12th day of September 1923. It is not the case of prosecution that the accused were possessing the obscene films for the purpose of sale, distribution, circulation etc., as mentioned in clause (a) of Sub-section 2 of Section 292 of I.P.C. Therefore, the act of the Petitioners privately viewing obscene film does not constitute an offence under Section 292 of I.P.C., The  Magistrate has erred in taking cognizance of offence under Section 292 of I.P.C. Hence, proceedings initiated against the petitioners is quashed. -  Their further case is that while promoting the persons found in Annexure-II enclosed to the Writ Petitions, respondent-2 failed to apply the roster system to reserve vacancies in the Junior Management Cadre Scale-l for persons belonging to Scheduled Castes and Scheduled Tribes for promotion from the cadre of Clerks and this has resulted in denial of opportunity of promotion to petitioner-2 and other eligible SC/ST candidates similarly placed. 6. On the basis of the instructions issued by the Government of India, it is contended by the petitioners that there shall be reservation in the vacancies sought to be filled up on promotion at 15% and 7 1/2% in favour of Scheduled Castes and Scheduled Tribes respectively, that respondent-1 failed to reserve the vacancies at the above ratio out of 74 vacancies notified in Circular No. (iii) A select list should then be prepared in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of merit and seniority according to the general principles for promotion to selection posts laid down in the Ministry of Home .Affairs O. , Outstanding',Very-Good' and 'Good' in that order, without disturbing the seniority interest within each category. (iv) When the Select Lists of Officers in the general category and those belonging to Scheduled Castes and Scheduled Tribes have been prepared by the Departmental Promotion Committee, these should be merged into a combined Select List in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of their inter se seniority in the original seniority list of the category or grade from which promotion is being made. It is needless to say that the instructions contained in the Brochure are issued from time to time by the Government of India in order to discharge the Constitutional mandate and every authority coming within the meaning of Article 12 of the Constitution of India shall carry out such instructions and failure to comply with such instructions amounts to violation of Articles 14 and 16 of the Constitution resulting in the action of such authority being vitiated. 26. That apart, reservation is also applicable to promotions by selection to posts within Group 'A' as provided in paragraph 9 of the Brochure and the departmental authorities under the State are duty bound to follow the administrative instructions issued from time to time in that regard to promote with special care the educational and economic interests of the Scheduled Castes and Tribes and to protect them from social injustice and all forms of exploitation and on failure to comply with such instruction, the Court may issue directions to carry out such instruction, even though it is non-statutory, (please see Comptroller v. 28. The contention of Sri Ramadas, learned Counsel for respondent-1 that subsequently, however, upto 1990 a large number of persons belonging to Scheduled Castes and Scheduled Tribes were considered for the purpose of promotion to the posts reserved in accordance with the instructions in the Brochure is not the answer to the question Before Court, inasmuch as when 74 vacancies were filled up under Annexure-A on 16.12.1985, respondent-1 failed to consider the case of petitioner-2 and other similar persons for promotion from clerical cadre to Junior Management Cadre Scale-l according to roster system provided for Scheduled Castes and Scheduled Tribes in the Circular instructions issued by the Government of India.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '  xx  xx  xx;  xx  xx  xx',
		'counselplain' => 'O. Sridhar, Adv.',
		'counseldef' => 'S. Ramadas, Adv. for ;S.G. Sundaraswamy, Adv.',
		'court' => 'Karnataka',
		'court_type' => 'HC',
		'decidedon' => '1993-02-09',
		'deposition' => 'Writ Petition allowed',
		'favorof' => null,
		'findings' => null,
		'judge' => 'M. Ramakrishna, J.',
		'judgement' => 'ORDER<p style="text-align: justify;">M. Ramakrishna, J.</p><p style="text-align: justify;">1. These two Writ Petitions have been presented by petitioners 1 and 2 seeking common reliefs based on common facts and grounds taken therein. Therefore, these Petitions are disposed of by the following common order.</p><p style="text-align: justify;">2. Petitioner-1 is the All India Vijaya Bank SC/ST Employees Association represented by its General Secretary Sri D.Narayana, while petitioner-2 is Sri K.Nagappayya, an employee working in Vijaya Bank, respondent-1 represented by its Chairman and Managing Director, Bangalore. Respondent-2 is the Union of India impleaded for the purpose of seeking general relief arising out of the rights of the petitioners by virtue of their service in the Bank and in general under the Constitution.</p><p style="text-align: justify;">3. The case of the petitioners is that they are aggrieved by the promotion of certain candidates on the basis of seniority subject to fitness to the Junior Management Cadre Scale-1 and consequent issuance of Circular No. 197/85 dated 16.12.1985 with a list (Annexure-II) of the candidates selected to that scale. The petitioners have taken a number of grounds to attack the Circular (Annexure-A) and the list (Annexure-II) of the selected candidates. They have sought for quashing the same. Their further case is that while promoting the persons found in Annexure-II enclosed to the Writ Petitions, respondent-2 failed to apply the roster system to reserve vacancies in the Junior Management Cadre Scale-l for persons belonging to Scheduled Castes and Scheduled Tribes for promotion from the cadre of Clerks and this has resulted in denial of opportunity of promotion to petitioner-2 and other eligible SC/ST candidates similarly placed.</p><p style="text-align: justify;">4. In support of their claim for reservation of certain vacancies in the Junior Management Cadre Scale-l to be filled up on promotion from the cadre Clerks, they contend as follows:-</p><p style="text-align: justify;">(1) There are two Settlement Deeds entered into between the first respondent and the recognised trade unions on 17.6.1982 and 25.7.1985. According to the Settlement Deed dated 25.7.1985, 75% of the vacancies in the Junior Management Cadre Scale-l are to be filled up from the cadre of Clerks by promotion on merit in written test and interview and the remaining 35% by promotion on seniority by calling candidates for interview at the ratio of 1:4 i.e., for every vacancy of an Officer, four clerks are to be called for interview.</p><p style="text-align: justify;">(2) As per the Settlement Deed dated 16th June, 1982, the employees belonging to Scheduled Castes and Scheduled Tribes shall have reservation in promotions and such reservations/relaxation shall be as per the directions of the Government.</p><p style="text-align: justify;">(3) So far as the eligibility criterion for promotion of Clerks to the posts of Junior Management Cadre Scale-l is concerned, the Settlement Deed dated 17.6,1982 provides as follows:-</p><p style="text-align: justify;"> B. ELIGIBILITY</p><p style="text-align: justify;">All employees in the clerical cadre who satisfy the following stipulations in respect of qualifications, qualifying service shall be eligible for considerations for promotion:-</p><p style="text-align: justify;"> 1. Qualifications: Employees having a minimum qualification of a pass in S.S.LC. or its equivalent examination shall be eligible to appear for test/interview. In the case of those employees who do not satisfy the stipulation of minimum qualification, they shall, however, be eligible if they have passed in CAIIB Part-l Examination.</p><p style="text-align: justify;">2. Qualifying service.- Employees in the Clerical cadre who satisfy the following stipulations for qualifying service shall be eligible for consideration for promotion:</p><p style="text-align: justify;"> a) Employees who are graduates and have put in a minimum of 4 years service as clerk.</p><p style="text-align: justify;">b) Employees who are non-graduates and who have put in a minimum service of 5 years as clerk.</p><p style="text-align: justify;">c) Employees with not less than 3 year service in the Bank who have passed in the CAIIB examination, irrespective of the fact whether he is a graduate or not.</p><p style="text-align: justify;">d) The term Clerk above referred to shall apply to and mean Stenographers, Typists, Telephone Operators, Telex Operators and Punch Operators. </p><p style="text-align: justify;">5. The petitioners pointed out the Circular Instructions issued by the Government of India providing for reservation of vacancies in favour of the Scheduled Castes and Scheduled Tribes in the services under the public sector Banks/financial institutions. A Brochure brought out in this connection on the lines of Brochure on Reservations for SC and ST in Services (7th Edition) issued by the Department of Personnel & Training has been produced for perusal.</p><p style="text-align: justify;">6. On the basis of the instructions issued by the Government of India, it is contended by the petitioners that there shall be reservation in the vacancies sought to be filled up on promotion at 15% and 7 1/2% in favour of Scheduled Castes and Scheduled Tribes respectively, that respondent-1 failed to reserve the vacancies at the above ratio out of 74 vacancies notified in Circular No.275 of 1985 dated 4.11.1985, that applying the above ratio, 11 vacancies for Scheduled Castes and six vacancies for Scheduled Tribes out of 74 vacancies should have been reserved and that, apart from this, huge backlog was carried forward from 1980 to 1984. Their further contention is that the respondent-1 was at fault in not preparing a separate list of Scheduled Castes and Scheduled Tribes candidates on the vacancies reserved on the roster system and in not conducting separate interview on a day or sitting of the Selection Committee other than the day or sitting on which general candidates are to be interviewed by calling SC/ST candidates four times the number of vacancies including backlog reserved for them and that, on the contrary, respondent-1 called 296 clerks i.e., four times the total number of 74 vacancies who are on top of the seniority list irrespective of whether the required number of SC/ST candidates were included in it or not.</p><p style="text-align: justify;">7. Lastly it is stated by the petitioners that in the list of selection published by respondent-1 as per Annexure-II enclosed to Annexure-A, no SC/ST candidate has been promoted on the basis of seniority subject to fitness, though there were a number of candidates including the second petitioner belonging to that categories, which has resulted in denial. of promotional opportunities to SC/ST candidates. Therefore, they have prayed that Circular No.197/85 under which the candidates mentioned in Annexure-II have been promoted being violative of Articles 14 and 16 of the Constitution be quashed with a direction to the respondents to prepare separate lists of general, Scheduled Castes and Scheduled Tribes candidates and conduct fresh interview bearing in mind the procedure of promotion of SC/ST candidates provided in the Brochure.</p><p style="text-align: justify;">8. A detailed Statement of Objections has been filed on behalf of responden-1 wherein the stand taken is that petitioner-1 being a non-recognized union has no locus standi to maintain the Writ Petition and that therefore W.P.No.20012 of 1985 filed by it has to be dismissed in limine as not maintainable. Denying the allegation made in the Writ Petitions that there was denial of opportunity of promotion to SC/ST candidates, it is stated that promotions were made in 'accordance with the settlement arrived at under the two Settlement Deeds entered on 17.6.1982 and 25.7.1985 between responden-1 and Vijaya Bank Employees' Association and Vijaya Bank Workers' Organisation. From the Settlement Deeds, it is seen-</p><p style="text-align: justify;">(i) 25% of the total vacancies in the Officer cadre (Grade-ll) are to be filed up by way of direct recruitment;</p><p style="text-align: justify;">(ii) 40% of the total vacancies by promotion on merit basis from among the clerical cadre after conducting a written test and interview; and</p><p style="text-align: justify;">(iii) the remaining 35% of the total vacancies, by way of promotion on seniority basis by calling for interview, the senior most clerks in the ratio of 1:4 (i.e., for every vacancy in the Officer Cadre 4 clerks are to be called for interview).</p><p style="text-align: justify;">The Settlement Deeds also provide for reservation of SC/ST employees as per directives of the Government.</p><p style="text-align: justify;">9. According to the counter, the Writ Petitions are concerned with only the last category i.e., 35% of the vacancies are to be filled up by promotion on seniority basis by calling for interview the senior most clerks in the ratio of 1:4 and accordingly, respondent-1 promoted on seniority basis 74 clerks to the cadre of Officer as mentioned in the Annexure-II.</p><p style="text-align: justify;">10. Referring to the Official Memorandum dated 16.2.1982, respondent-1 stated in the counter that it was not relevant for the purpose as it referred to the filling up of posts by promotion on seniority as the posts, subject matter of Writ Petitions, were to be filled by promotion of selection, which is quite contrary to the admission made by respondent-1 earlier in the counter. The candidates are called for interview in the ratio of 1:4 and service-wise and qualification-wise eligible candidates are selected after giving due weightage to the educational qualification and service as per promotional policy of the Bank. Therefore, selection of SC/ST candidates will be made only if they are within the normal zone of consideration for such promotion and there is no separate zone of consideration for reserved vacancies. The zone in such cases would therefore be one fixed with reference to the total number of vacancies (including the reserved vacancies) for which a selection is made and only those SC/ST candidates who are within such normal zone of consideration would be considered for promotion against the reserved vacancies. This principle of zone of consideration is not applicable to posts filled by promotion on the basis of seniority subject to fitness.</p><p style="text-align: justify;">11. Though it is stated earlier in the counter that the Official Memorandum issued by the Government of India on 16.2.1982 is not relevant for the purpose of promotions of this kind, in paragraph-7 of it, it is stated that the instructions contained in the Memorandum are followed because it is relevant for this purpose. It is stated that as there was only one Scheduled Caste candidate who came within the zone of consideration, he was promoted in December, 1985 and that therefore the Writ Petitions based on misinterpretation of the Memorandum have no merit. Respondent-1 denied the allegation that roster system was not followed in promoting SC/ST candidates and contended that only one candidate belonging to Scheduled Caste being within the zone of consideration was promoted and the petitioner did not come within the zone of consideration. Although respondent-1 denied that separate lists of SC/ST candidates and general candidates should be prepared and separate interview conducted for each category for purposes of promotion, he admitted that out of 74 vacancies, there would be provision for 11 vacancies for Scheduled Castes and 6 vacancies for Scheduled Tribes candidates on the roster points. He has also admitted that the backlog of vacancies reserved for SC/ST during the year 1980-84 has been carried forward to the next three years. Denying all other allegations of the Writ Petitions, respondent-1 prays to dismiss them.</p><p style="text-align: justify;">12. Though notices were issued to respondent-2, Union of India, unfortunately, none appeared and no counter has been filed on their behalf. Therefore, the Court has no assistance from it to decide important legal contentions urged and to record findings thereon.</p><p style="text-align: justify;">13. In the additional Statement of Objections filed on behalf of respondent-1 on 26.3.1991, it is stated as follows:-</p><p style="text-align: justify;">Respondent-1 interviewed 296 clerks as against 74 vacancies notified. Out of them, one Sri Kamalaksha Rao (SI.No.40 in Annexure-A) was the only S.C.Candidate who came within the zone of consideration and therefore he was promoted. It is reiterated that zone of consideration will not be applicable to the promotion on seniority subject to fitness. In paragraph-3 it is stated that the Government of India clarified in their Circular dated 28.11.1986 (Annexure-5) with a chart (Annexure-6) the promotions that could be said to be made by selection. In paragraph-4 the stand taken is that reservations for SC/ST on the basis of 40 point roster were made in the years 1984, 1985 and 1987, that, accordingly, having regard to the vacancies, there were 23 posts in S.C. each year which could not be filled up, that the Bank did not make any promotions in 1986, that therefore it took a decision to fill up the entire backlog in the year 1988, that there were in all 180 vacancies in the year 1988 and 50% of it were reserved for promotions to SC/ST, that in a common test conducted for all the clerks including SC/ST clerks, the backlog could not be filled up for want of sufficient number of such candidates and that therefore a separate test was made only for them. After giving coaching classes to the candidates of these categories, 90 SC/ST clerks were promoted in the year 1988 out of 180, As per reservation, Bank is obliged to reserve only 15% for S.C. and 7.5% for ST. As against this, 90 persons were promoted i.e., as against 41 posts reserved for SC/ST, 90 SC/ST clerks were promoted as Officers. 50% of the total number of vacancies were reserved for SC/ST in 1988, even though the reservations are only 15% and 7.5% for S.C./S.T. respectively. The very fact that the Bank had a backlog of SC/ST from 1984 onwards itself shows that the Bank had been making reservations in the promotions also. In paragraph-5 it is stated that in 1989 also 50% of the total vacancies were reserved for SC/ST and 78 SC/ST Clerks were promoted out of 156 vacancies after conducting a separate test for them with relaxation of 15 marks. In 1989, 23 Scheduled Caste persons and 11 Scheduled Tribe persons had to be promoted. The Bank also filled up 16 and 8 respectively carrying forward 7 S.C. vacancies and 3 ST. vacancies. In the year 1990, after reserving 15 posts for Scheduled Castes and 7 posts for Scheduled Tribes, separate test was conducted and 22 clerks belonging to Scheduled Castes and 2 Scheduled Tribes were promoted and the present carry forward vacancy is only 8 in ST quota to be filled in the 1991 promotions. The second petitioner was promoted as Junior Management Grade Scale-l on 1.12.1988 after interview and therefore his grievance about his non-promotion does not survive.</p><p style="text-align: justify;">14. Sri Sridhar, learned Counsel for the petitioners, vehemently argued that the Writ Petition by petitioner-1 All India Vijaya Bank SC/ST Employees Association was maintainable in view of the Decision of the Supreme Court in AKHIL BHARATIYA SOSHIT KARAMCHARI SANGH (Railway) REPRESENTED BY ITS ASST. GENERAL SECRETARY ON BEHALF OF THE ASSOCIATION v. UNION OF INDIA, : (1981)ILLJ209SC . Regarding the merits of the case, the learned Counsel submitted that even though there was settlement under the two Settlement Deeds, referred to above, inter alia, dealing with promotions, in particular, of the employees belonging to Scheduled Castes and Scheduled Tribes by reserving vacancies as provided in the Circular instructions issued by the Government of India by way Brochure, respondent-1 deviated from the Settlement and the Circular instructions and promoted only those clerks, who were on top of the seniority list, of general category except one who was of Scheduled Caste, which had resulted injustice to the employees including the petitioner of Scheduled Castes and Scheduled Tribes, The legal contention urged by Sri Sridhar is that the contention of respondent-1 that the second petitioner K. Nagappayya did not come within the zone of consideration, therefore he was not promoted to the next higher cadre i.e., Junior Management Cadre Scale-l was unsustainable in view of the Decision of the Supreme Court in BIHAR STATE HARIJAN KALYAN PARISHAD v. UNION OF INDIA, : (1985)IILLJ173SC . He also brought to my notice the Ruling of the Supreme Court in the Review Petitions presented as against the Judgment rendered by it.</p><p style="text-align: justify;">15. Sri Ramadas, learned Counsel for respondent-!, argued supporting the action taken by respondent-1 in promoting the persons found in Annexure-II as per Annexure-A. His first contention is that the Writ Petition filed by petitioner-1 All India Vijaya Bank SC/ST Employees Association is not maintainable as the Association was not recognised. His next submission is that though respondent-1 could not follow the roster system for the purpose of promotion of candidates belonging to Scheduled Castes and Scheduled Tribes as on the date when 74 vacancies were filled up under Annexure-A, that was followed subsequently upto 1990 and promotions were given - to persons including the petitioner belonging to that categories. Therefore, he submits that the Writ Petitions may be dismissed as not surviving.</p><p style="text-align: justify;">16. Before going into the merits of the case, let me consider the preliminary objection raised by Sri Ramadas, first. According to him, petitioner-1 Association represented by Sri D.Narayana, its General Secretary, cannot maintain the Writ Petition for want of recognition. I do not think there is any force in submission of Sri Ramadas in view of the Decision of the Supreme Court in Akhil Bharatiya Soshit Karmachari Sangh's case wherein considering the very question, the Supreme Court in paragraph-63 held as follows:-</p><p style="text-align: justify;">'A technical point is taken in the counter-affidavit that the 1st petitioner is an unrecognised association and that, therefore, the petition to that extent, is not sustainable. It has to be overruled. Whether the petitioners belong to a recognised union or not, the fact remains that a large body of persons with a common grievance exists and they have approached this Court under Article 32. Our current processual jurisprudence is not of individualistic Anglo-Indian mould. It is broad-based and people-oriented, and envisions access to justice through 'class actions', 'public interest litigation', and 'representative proceedings'. Indeed, little Indians in large numbers seeking remedies in Courts through collective proceedings, instead of being driven to an expensive plurality of litigations, is an affirmation of participative justice in our democracy. We have no hesitation in holding that the narrow concept of 'cause of action' and 'person aggrieved' and individual litigation is becoming obsolescent in some jurisdictions. It must fairly be stated that the learned Attorney General has taken no objection to a non-recognized association maintaining the writ petitions'.</p><p style="text-align: justify;">Thus, the Supreme Court having rejected the contention on behalf of the Union of India held that such a Writ Petition even though presented by a non-recognized Association is still maintainable. Therefore, the preliminary objection raised by Sri Ramadas is rejected.</p><p style="text-align: justify;">16(a). On merits, the question that arises for my consideration in these Writ Petitions is whether respondent-1 was justified in promoting the persons found in Annexure-lf under Annexure-A.</p><p style="text-align: justify;">17. Before considering the main contentions urged by the learned Counsel on both sides as to the application of roster system to the vacancies to be filled up by promotion, let me see the policy made by the Government of India from time to time. Learned Counsel on both sides produced what is known as 'Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services', Seventh Edition, issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel and Training, New Delhi. Chapter-11 thereof deals with percentage of reservation for Scheduled Castes and Scheduled Tribes. It is not in dispute that in the light of the prescription under Chapter-2, 15% and 7 1/2% of the vacancies in posts and services under the Government of India are to be reserved in favour of Scheduled Castes and Scheduled Tribes respectively to be filled up by direct recruitment and by promotion, Chapter-9 of the Brochure deals with promotions -Reservations and Concessions. Paragraph-1 of Chapter 9 provides:</p><p style="text-align: justify;">'9.1 Promotion through limited departmental competitive examination.</p><p style="text-align: justify;"> xx xx xxIn promotions through departmental competitive examinations, Scheduled Castes/Scheduled Tribes candidates who have not acquired the general qualifying standard should also be considered for promotion provided they are not found unfit for such promotion. The qualifying standard in such examination should be relaxed in favour of Scheduled Castes and Scheduled Tribes candidates in keeping with the above criterian.</p><p style="text-align: justify;">For determining the number of vacancies to be reserved for Scheduled Castes and Scheduled Tribes in such promotions, a separate roster on the lines of the roster prescribed in Annexure-l to O.M.No.1/11/69-Est(SC7) dated 22.4.1970 (in Which points 1, 8, 14, 22, 28 and 36 are reserved for Scheduled Castes and points 4, 17 and 31 are reserved for Scheduled Tribes) should be followed.' </p><p style="text-align: justify;">Clause (a) of paragraph-2 of Chapter 9 which deals with promotions by selection within Group A (Class-l), inter alia, provides that in promotions by selection to posts within Group A (Class I) which carry salary of Rs.2,250/- per month or less, there is no reservation, but the Scheduled Castes/ Scheduled Tribes 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.</p><p style="text-align: justify;">18. Promotions by selection to Group B, within Group B and from Group B to the lowest rung in Group A (to Class II within Class II and from Class II to the lowest rung in Class I) are directed to be made by following the following instructions:-</p><p style="text-align: justify;">9.2(b)(1) Selection against vacancies reserved for Scheduled Castes and Scheduled Tribes will be made only from among those Scheduled Castes/ Scheduled Tribes Officers who are within the normal zone of consideration prescribed by DP&AR; O.M.No.22011/3/76-Estt(D) dated 24th December, 1980, where adequate number of SC/ST candidates are not available within the normal field of choice, it may be extended to 5 times the number of vacancies and the SC/ST candidates (and not any other) coming within the extended field of choice should also be considered against the vacancies reserved for them.</p><p style="text-align: justify;">(ii) If candidates from Scheduled Castes and Scheduled Tribes obtain on the basis of merit with due regard to seniority, on the same basis as others, less number of vacancies than that reserved for them, the difference should be made up by selecting the candidates of these communities who are in the zone of consideration irrespective of merit but who are considered fit for promotion.</p><p style="text-align: justify;">(iii) A select list should then be prepared in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of merit and seniority according to the general principles for promotion to selection posts laid down in the Ministry of Home . Affairs O.M.No.1/4/55-RPS dated 16th May, 1957, i.e., by placing the names in the three categories viz., 'Outstanding', Very-Good' and 'Good' in that order, without disturbing the seniority interest within each category. Such of the meritorious SC/ST candidates who are in the extended field and get selected should retain their position in the panel in accordance with their gradation by the D.P.C. This select list should, thereafter, be followed for making promotions in vacancies as and when they arise during the year.</p><p style="text-align: justify;">(iv) For determining the number of vacancies to be reserved for Scheduled Castes and Scheduled Tribes in a Select List, a separate roster on the lines of the roster prescribed in Annexure-l to O.M.No.1/11/69-Estt (SCT) dated the 22nd April, 1970 (in which points 1, 8, 14, 22, 28 and 36 are reserved for Scheduled Castes and points 4, 17 and 31 for Scheduled Tribes) should be followed. If, owing to non-availability of suitable candidates belonging to Scheduled Castes or Scheduled Tribes, as the case may be, it becomes necessary to dereserve a reserved vacancy, action should be taken in accordance with O.M.No. 36011/ 25/79-Estt.(SC7) dated 16.11.1979.</p><p style="text-align: justify;">(v) There will, however, be no carry forward or reservations from year to year in the event of an adequate number of Scheduled Caste/Scheduled Tribe candidates not being available in any particular year.</p><p style="text-align: justify;">(vi) While vacancies reserved for Scheduled Castes and Scheduled Tribes will continue to be reserved for respective community only, a Scheduled Caste Officer may also be considered for appointment against a vacancy reserved for Scheduled Tribes or vice versa, in the same year itself in which the reservation is made, where the appropriate reserved vacancy could not be filled by a Scheduled Tribe or a Scheduled Caste candidate as the case may be.</p><p style="text-align: justify;">(vii) Although in such promotions, there is no carry forward of reservations from year to year vide sub-para (v) above, as an exception, when a vacancy falling on a reserved point in the roster is treated as unreserved due to its being the only vacancy during the year of promotion, the reservation so due against the reserved point should be carried forward to subsequent three recruitment years and the provisions of para 11.2 regarding reservation of a single vacancy in the year of carry forward will apply in such cases. Accordingly, the reservations carried forward on account of there being only one vacancy during the initial year of promotion, should be adjusted by treating the vacancy arising in the subsequent year(s) as reserved, even though there might be only a single vacancy in that subsequent year(s). xx xx xx</p><p style="text-align: justify;">19. Paragraph 9.2(c) dealing with promotions by selecting Group C and D (Class III and IV) appointments contains instructs more or less similar to instructions extracted above except to extent as below:</p><p style="text-align: justify;">'For such posts, the Select List of Scheduled Castes/Scheduled Tribes Officers should be drawn up separately to fill the reserved vacancies. Officers belonging to these classes should be adjudged separately and not along with other officers and if they are fit for promotion, they should be included in the list irrespective of their merit as compared to other officers. Promotions against reserved vacancies will be subject to the candidates satisfying the prescribed minimum standards.'</p><p style="text-align: justify;">20. Paragraph 9.3 dealing with promotions on the basis of seniority subject to fitness, which is important for our purpose, provides:</p><p style="text-align: justify;">'The principles of zone of consideration is not applicable to promotions by seniority subject to fitness. While referring proposals to the Departmental Promotion Committee for promotion on the basis of seniority subject to fitness in respect of vacancies expected to arise during a year, the following procedure should be followed to give effect to the reservations mentioned above.</p><p style="text-align: justify;"> (i) A separate 40 point roster to determine the number of reserved vacancies in a year should be followed on the lines of the roster prescribed in Annexure-l to the Ministry of Home Affairs O.M.No,1/11/69-Estt (SCT) dated the 22nd April, 1970, in which points 1, 8, 14, 22, 28 and 36 are reserved for Scheduled Castes and points 4, 17 and 31 are reserved for Scheduled Tribes,</p><p style="text-align: justify;">(ii) Wherever according to the points in the roster there are any vacancies reserved for Scheduled Castes and Scheduled Tribes separate lists should be drawn up of the eligible Scheduled Castes or the Scheduled Tribes officers, as the case may be arranged in order of their inter-se seniority in the main list.</p><p style="text-align: justify;">(iii) The Scheduled Castes and Scheduled Tribes Officers should be adjudged by the Departmental Promotion Committee separately in regard to their fitness.</p><p style="text-align: justify;">(iv) When the Select Lists of Officers in the general category and those belonging to Scheduled Castes and Scheduled Tribes have been prepared by the Departmental Promotion Committee, these should be merged into a combined Select List in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of their inter se seniority in the original seniority list of the category or grade from which promotion is being made. This combined select list should thereafter be followed for making promotions in vacancies as and when they arise during the year.</p><p style="text-align: justify;">(v) If the number of eligible candidates belonging to Scheduled Castes/Scheduled Tribes found fit for promotion fails short of the number of vacancies reserved for either of them during the year, action for dereservation should be taken in accordance with O.M.No.36011/ 25/79-Estt (SCI) dated 16th November, 1979, subject to the reservation being carried forward to three subsequent recruitment years and exchange of vacancies between Scheduled Castes and Scheduled Tribes in the final year of carry forward.' </p><p style="text-align: justify;">21. It is not in dispute that the petitioner-2 being Clerk in the Bank of respondent-1 is of Scheduled Caste and was due for promotion, but his case was not considered as he was not within the zone of consideration. As to the mode of promotion whether it is by selection or by seniority subject to fitness, there is dispute, According to the petitioners, it is promotion by seniority subject to fitness while, according to respondent-1, it is by selection. But, one thing is clear, respondent-1 has in clear terms admitted in the counter that it was a promotion by seniority subject to fitness though he contended subsequently that it was a promotion by selection. Assuming for the purpose of argument that it was a promotion by selection, according to paragraph 9.2(v), there shall not be any carry forward of reservations from year to year in the event of adequate number of Scheduled Castes/Scheduled Tribes candidates not being available in any particular year. Therefore, the contention on behalf of respondent-1 that because adequate number of Scheduled Caste/ Scheduled Tribes candidates was not available in the year 1985, the vacancies were carried forward and in subsequent years, those vacancies were filled up by promoting Scheduled Castes/Scheduled Tribes candidates was unsustainable, the action so taken being illegal. Even it is not the case of respondent-1 that a Scheduled Tribes candidates was promoted to the vacancy reserved for Scheduled Tribe or vice versa as is provided in paragraph 9.2(b)(vi) of the Brochure. Nothing is done.</p><p style="text-align: justify;">22. Coming to the instructions provided under paragraph 9.3 of the Brochure relating to promotions on the basis of seniority subject to fitness, the principles of zone of consideration are not applicable to promotions of this kind. According to the instructions under this paragraph, when the matter of promotions is taken into consideration, the competent authority is required to reserve the vacancies according to the roster system for Scheduled Castes and Scheduled Tribes first and then to prepare separate lists of eligible candidates in that categories and those candidates should be adjudged by the Departmental Promotion Committee separately in regard to their fitness independent of the candidates of other categories. This is what the Brochure says in paragraph-9 of Chapter-6 with regard to separate interview of Scheduled Castes and Scheduled Tribes candidates:</p><p style="text-align: justify;">'For reserved vacancies, interview of Scheduled Castes and Scheduled Tribes candidates should be held on a day or sitting of the Selection Committee other than the day or sitting on which general candidates are to be interviewed so that the Scheduled Castes and Scheduled Tribes candidates are not judged in comparison with general candidates and the interviewing authority/Board is/are prominently aware of the need for judging the Scheduled Caste/Scheduled Tribe candidates by relaxed standards.</p><p style="text-align: justify;">23. Chapter-8 of the Brochure of 1988 deals in paragraph 8.1 with safeguards against supersession of SC/ST in promotion. It says;</p><p style="text-align: justify;">'In posts filled by promotion (by selection or on the basis of seniority subject to fitness) wherever the orders regarding reservation apply vide para 3.12 and 8.1(b), (c) and 8.2 in regard to cases where eligible Scheduled Castes/Scheduled Tribes candidates, though available, are not appointed/selected for the reserved vacancies, the appointing authorities should submit such cases to the Board of Directors in case of Officers' cadre and to Chief Executive in case of clerks for information and for taking such necessary action as it may deem fit.</p><p style="text-align: justify;">8.2.2 The Departmental Promotion Committees/Selection Committees/Selection Boards may evolve their own criteria for assessing the suitability for promotion keeping in view the requirements of the job and the capacity of the Officers) to adequately perform the job. However, before any SC/ST Officer is considered 'Unfit promotions', the Departmental Committee/ Selection Committee may satisfy itself that the concerned officer had been advised about his unsatisfactory performance and that his explanation/representations, if any against this had been considered by the appropriate authorities.</p><p style="text-align: justify;">24. Respondent-1 has nowhere stated muchless produced an iota of evidence to show that he reserved the vacancies, at the time of promotions under Annexure-A, for Scheduled Castes and Scheduled Tribes, prepared separate lists of them, conducted separate interview for them and, on finding them to be unfit for promotion, took action to report the matter to the competent authority to consider their representations on the advice about their unsatisfactory performance. The contention urged on behalf of respondent-1 in this behalf, that only one candidate belonging to Scheduled Caste was within the zone of consideration, therefore he was promoted, is illogical and cannot be sustained in the absence of proof.</p><p style="text-align: justify;">25. Regarding the applicability of the Circular instructions issued by the Government of India in matter of promotions to employees working in the Banking institutions, respondent-1 was not right in contending in paragraph-6 of the counter that the Official Memorandum dated 16.2.1982 dealing with promotions by seniority subject to fitness is not applicable to promotions from the Cadre of Clerks, though he stated in the preceding paragraph that it was applicable. It is needless to say that the instructions contained in the Brochure are issued from time to time by the Government of India in order to discharge the Constitutional mandate and every authority coming within the meaning of Article 12 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> shall carry out such instructions and failure to comply with such instructions amounts to violation of Articles 14 and 16 of the Constitution resulting in the action of such authority being vitiated.</p><p style="text-align: justify;">26. That apart, reservation is also applicable to promotions by selection to posts within Group 'A' as provided in paragraph 9 of the Brochure and the departmental authorities under the State are duty bound to follow the administrative instructions issued from time to time in that regard to promote with special care the educational and economic interests of the Scheduled Castes and Tribes and to protect them from social injustice and all forms of exploitation and on failure to comply with such instruction, the Court may issue directions to carry out such instruction, even though it is non-statutory, (please see Comptroller v. Jagannathan, : [1986]2SCR17 . The Supreme Court in the case of Bihar State Harijan Kalyan Parishad interpreting Paragraph-9 of the Brochure with reference to Articles 309 and 335 of the Constitution held in paragraphs 2 and 3 as follows-</p><p style="text-align: justify;">'The rule of 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, but that the procedure is slightly different than in the case of other posts. While the rule of reservation applies to promotions by selection to posts within Group 'A' carrying a salary of Rs. 2,250/- per month or less, it is prescribed that only those Officers belonging to the Scheduled Castes and Scheduled Tribes will be considered for promotion, who are senior enough to be within the zone of consideration. The Select List depending upon the number of vacancies would be drawn up in which would also be included those officers belonging to the Scheduled Castes and Scheduled Tribes who are not considered unfit for promotion. Their position in the Select List would be that assigned to them by the Departmental Promotion Committee on the basis of the record of service. In other words, their inclusion in the Select List would not give them seniority, merely by virtue of their belonging to the Scheduled Castes and Scheduled Tribes over other Officers placed above them in the Select List by the Departmental Promotion Committee.</p><p style="text-align: justify;">3. It is at once seen that the two letters are contrary to paragraph 9 of the Presidential Directive on which they purport to place reliance. Paragraph 9 of the Presidential Directive nowhere says that the rule of reservation does not apply to promotion by selection to posts within Group 'A' which carry an ultimate salary of Rs. 2,250/- per month or less. On the other hand paragraph of the Presidential Directive proceeds on the basic assumption that the rule of reservation does apply but prescribes a certain procedure to be followed, a procedure different from the usual procedure adopted in filling up posts reserved for Scheduled Castes and Scheduled Tribes. It is indeed a matter of surprise to us that the Ministry of Steel and Mines has chosen to place such an interpretation on paragraph 9 of the Presidential Directive. The stand taken by them in the letter dated April 8, 1984 is reiterated in paragraph 5 of the counter affidavit filed on behalf of the Union of India. No explanation has been given in the counter affidavit for what appears to us to be a plain volte face. We have no option, but to quash the letters dated April 8, 1982 and August 19, 1982 above extracted by us and to direct the respondents to give effect to paragraph 9 of the Presidential Directive with effect from the date of the Directive. We have set out our interpretation of the Presidential Directive and effect will be given to the Presidential Directive in the manner interpreted by us. We also wish to make it clear that the classification of posts will be on the same lines as mentioned in paragraph 2 of the Presidential Directive. The Writ Petition is allowed with costs.' </p><p style="text-align: justify;">27. In the light of the above observations of the Supreme Court, respondent-1 ought to have considered those candidates belonging to Scheduled Castes and Scheduled Tribes who were eligible for being considered except those who were unfit for promotion and drawn up a select list. The case of the petitioners is that no opportunity was given petitioner-2 and other Scheduled Castes and Scheduled Tribes Clerks of promotion though they were eligible for being considered. On the other hand, the stand taken by respondent-1 is that only one S.C. candidate was eligible for being considered for promotion as against 74 vacancies and accordingly he was promoted. It is not his case that candidates belonging to Scheduled Castes and Scheduled Tribes were called for interview in the ratio of 1:4 as against 11 vacancies of S.C. and 6 vacancies of ST., reserved as against 74 vacancies at 15% and 7 1/2% respectively and were found to be unfit for promotion, their eligibility having been considered. On the other hand, except one person belonging to Scheduled Caste none from either Scheduled Castes and Scheduled Tribes were considered for promotion keeping in view the instructions in the Brochure. Therefore, non-compliance of the instructions resulted in violation of Articles 14 and 16 of the Constitution.</p><p style="text-align: justify;">28. The contention of Sri Ramadas, learned Counsel for respondent-1 that subsequently, however, upto 1990 a large number of persons belonging to Scheduled Castes and Scheduled Tribes were considered for the purpose of promotion to the posts reserved in accordance with the instructions in the Brochure is not the answer to the question Before Court, inasmuch as when 74 vacancies were filled up under Annexure-A on 16.12.1985, respondent-1 failed to consider the case of petitioner-2 and other similar persons for promotion from clerical cadre to Junior Management Cadre Scale-l according to roster system provided for Scheduled Castes and Scheduled Tribes in the Circular instructions issued by the Government of India.</p><p style="text-align: justify;">29. Subsequent to the Decision in Bihar State Harijan Kalyan Parishad, the Supreme Court had occasion to consider similar question in SYNDICATE BANK SCHEDULED CASTES & SCHEDULED TRIBES EMPLOYEES ASSOCIATION (Regd) THROUGH ITS GENERAL SECRETARY SHRI. K.S.BADLIA AND ORS. v. THE UNION OF INDIA, THROUGH ITS ADDL. SECRETARY, MINISTRY OF FINANCE (DEPARTMENT OF ECONOMIC AFFAIRS), BANKING DIVISION, JEEVAN DEEP BUILDING, PARLIAMENT ST. NEW DELHI, : (1990)IILLJ354SC . Considering the various contentions at length urged on both sides, the Supreme Court disposed of W.P. No. 847 of 1987 on 10,8.1990 with the following order.</p><p style="text-align: justify;">'In the result, this petition is allowed. The order of the respondents dated 15th June, 1987 and 25th June, 1987 are declared as illegal. It is further decided that though Group A posts are Selection posts, still the reservation policy is applicable to such posts and the respondents are directed to compute the backlog of unfilled reserved quota available to the SC/ST Officers in the promotional posts with effect from 1.1.1978, the date of introduction of reservation policy in the respondent bank. The respondents are further directed to grant promotion to the SC/ST employees of the Syndicate Bank with all consequential benefits of salary and allowances from the respective date with effect from which they should have been promoted, after applying the roaster system in their favour. We grant three month's time to carry out these directions.'</p><p style="text-align: justify;">Thereafter, the respondents viz., Union of India and the Bank filed Review Petitions Nos. 592 and 608 of 1990 against the judgment in the above case and the Supreme Court dismissed the Review Petitions as not pressed.</p><p style="text-align: justify;">30. Thus, viewed from these circumstances, it is clear in the mind of the Court that promotion of 74 persons under Annexure-A and Annexure-II impugned herein without following the roster system provided for promotion of Scheduled Castes and Scheduled Tribes candidates cannot be sustained and the same is liable to be quashed for non-compliance of mandatory requirement of Articles 14 and 16 of the Constitution. Sri Ramadas, learned Counsel for respondent-1 has not been able to convince the Court to take a different view.</p><p style="text-align: justify;">31. In the result and for the reasons stated above, I make the following</p><p style="text-align: justify;">',
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		'pubs' => 'ILR1993KAR792; 1993(1)KarLJ596',
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		'sub' => 'Service',
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Warning (2): Invalid argument supplied for foreach() [APP/View/Case/meta.ctp, line 39]
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			(int) 30 => '1984',
			(int) 31 => '1989',
			(int) 32 => '1989',
			(int) 33 => '8',
			(int) 34 => 'the year 1990',
			(int) 35 => '1991',
			(int) 36 => '1.12.1988',
			(int) 37 => '1990',
			(int) 38 => 'paragraph-63',
			(int) 39 => 'the 1st',
			(int) 40 => '22.4.1970',
			(int) 41 => '8',
			(int) 42 => '14',
			(int) 43 => '22',
			(int) 44 => '28',
			(int) 45 => '36',
			(int) 46 => '17',
			(int) 47 => '31',
			(int) 48 => 'Rs.2,250/- per month or less',
			(int) 49 => '24th December, 1980',
			(int) 50 => '16th May, 1957',
			(int) 51 => 'the 22nd April, 1970',
			(int) 52 => '8',
			(int) 53 => '14',
			(int) 54 => '22',
			(int) 55 => '28',
			(int) 56 => '36',
			(int) 57 => '17',
			(int) 58 => '31',
			(int) 59 => 'year',
			(int) 60 => 'the same year',
			(int) 61 => 'year',
			(int) 62 => 'year',
			(int) 63 => 'the year',
			(int) 64 => 'the year',
			(int) 65 => 'the initial year',
			(int) 66 => 'a year',
			(int) 67 => 'a year',
			(int) 68 => 'the 22nd April, 1970',
			(int) 69 => '8',
			(int) 70 => '14',
			(int) 71 => '22',
			(int) 72 => '28',
			(int) 73 => '36',
			(int) 74 => '17',
			(int) 75 => '31',
			(int) 76 => 'the year',
			(int) 77 => '16th November, 1979',
			(int) 78 => 'years',
			(int) 79 => 'the final year',
			(int) 80 => '21',
			(int) 81 => 'year',
			(int) 82 => 'any particular year',
			(int) 83 => 'the year 1985',
			(int) 84 => 'subsequent years',
			(int) 85 => 'the day',
			(int) 86 => '2,250/- per month or less',
			(int) 87 => '2,250/- per month or less',
			(int) 88 => '2,250/- per month or less',
			(int) 89 => 'April 8, 1984',
			(int) 90 => 'April 8, 1982',
			(int) 91 => 'August 19, 1982',
			(int) 92 => '1990',
			(int) 93 => '16.12.1985',
			(int) 94 => '1987',
			(int) 95 => '15th June, 1987',
			(int) 96 => '25th June, 1987',
			(int) 97 => 'three month's',
			(int) 98 => '1990'
		),
		'ORDINAL' => array(
			(int) 0 => 'first',
			(int) 1 => 'second',
			(int) 2 => 'second',
			(int) 3 => 'second',
			(int) 4 => 'first',
			(int) 5 => 'first',
			(int) 6 => 'first'
		),
		'PERCENT' => array(
			(int) 0 => '75%',
			(int) 1 => 'the remaining',
			(int) 2 => '35%',
			(int) 3 => '15% and 7 1/2%',
			(int) 4 => '25%',
			(int) 5 => '40%',
			(int) 6 => '35%',
			(int) 7 => '35%',
			(int) 8 => '50%',
			(int) 9 => 'only 15%',
			(int) 10 => '7.5%',
			(int) 11 => '50%',
			(int) 12 => 'only 15% and 7.5%',
			(int) 13 => '50%',
			(int) 14 => '15% and 7 1/2%',
			(int) 15 => '15% and 7 1/2%'
		),
		'TIME' => array(
			(int) 0 => '1:4 i.e.'
		),
		'LOC' => array(
			(int) 0 => 'the Scheduled Castes',
			(int) 1 => 'Scheduled Castes',
			(int) 2 => 'Settlement',
			(int) 3 => 'Scheduled Castes',
			(int) 4 => 'Scheduled Castes',
			(int) 5 => 'Scheduled Castes',
			(int) 6 => 'Scheduled Castes',
			(int) 7 => 'Scheduled Castes',
			(int) 8 => 'Scheduled Castes',
			(int) 9 => 'the Scheduled Castes'
		),
		'GPE' => array(
			(int) 0 => 'ST',
			(int) 1 => 'Services',
			(int) 2 => 'S.C.',
			(int) 3 => 'S.C.',
			(int) 4 => 'ST',
			(int) 5 => 'S.C.',
			(int) 6 => 'ST',
			(int) 7 => 'ST',
			(int) 8 => 'Counsel',
			(int) 9 => 'BIHAR STATE',
			(int) 10 => 'Counsel',
			(int) 11 => 'Courts',
			(int) 12 => 'New Delhi',
			(int) 13 => 'S.C.',
			(int) 14 => 'S.C.',
			(int) 15 => 'ST',
			(int) 16 => 'NEW DELHI'
		),
		'PRODUCT' => array(
			(int) 0 => 'Memorandum',
			(int) 1 => 'Memorandum'
		),
		'MONEY' => array(
			(int) 0 => '15 marks',
			(int) 1 => '25/79-Estt.(SC7'
		),
		'WORK_OF_ART' => array(
			(int) 0 => 'Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services'',
			(int) 1 => 'Seventh Edition',
			(int) 2 => 'Scheduled Castes',
			(int) 3 => 'Scheduled Caste/Scheduled Tribe',
			(int) 4 => 'Scheduled Castes',
			(int) 5 => 'Scheduled Castes',
			(int) 6 => 'The Scheduled Castes',
			(int) 7 => 'Scheduled Caste',
			(int) 8 => 'Scheduled Caste/ Scheduled Tribes',
			(int) 9 => 'Castes/Scheduled Tribes',
			(int) 10 => 'the Scheduled Castes',
			(int) 11 => 'the Scheduled Caste/Scheduled Tribe',
			(int) 12 => 'Scheduled Castes/Scheduled Tribes',
			(int) 13 => 'Officers',
			(int) 14 => 'Officers',
			(int) 15 => 'the Scheduled Castes',
			(int) 16 => 'the Scheduled Castes',
			(int) 17 => 'the Scheduled Castes',
			(int) 18 => 'Scheduled Castes',
			(int) 19 => 'Scheduled Castes'
		),
		'EVENT' => array(
			(int) 0 => 'Class II'
		),
		'FAC' => array(
			(int) 0 => 'the Cadre of Clerks',
			(int) 1 => 'Constitutional'
		)
	),
	'desc' => array(
		'Judgement' => array(
			'id' => '378000',
			'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 14 and 16',
			'appealno' => 'W.P. Nos. 20012 and 20013 of 1985',
			'appellant' => 'All India Vijaya Bank Sc/St Employees Association',
			'authreffered' => '',
			'casename' => 'All India Vijaya Bank Sc/St Employees Association Vs. Vijaya Bank',
			'casenote' => 'CIRCULAR  NO. 197/85 DATED 16.12.1985: SETTLEMENT DEEDS DATED 17.6.1982 &amp; 25.7.1985 : BROCHURE ON RESERVATIONS FOR SCHEDULED CASTES AND SCHEDULED TRIBES IN SERVICES - Writ Petition by Association though non-recognized maintainable -Reservation : procedure &amp; method of implementation -Instructions in Brochure discharge of Constitutional mandate binding every authority, non-compliance violation of Articles 14 &amp; 16 of Constitution of India, vitiating action taken - Reservation applicable to promotions by selection in Group 'A' as per Para 9 - Promotions ignoring Roster system unsustainable &amp; liable to be quashed.;(i) Such Writ Petition even though presented by a
non-recognized Association is still maintainable.;(ii) In the light of the prescription under Chapter II [of the Brochure], 15% and 7 1/2% of the vacancies in posts and services under the Government of India are to be reserved in favour of Scheduled Castes and Scheduled Tribes respectively to be filled up by direct recruitment and by promotion... Clause (a) of paragraph-2 of Chapter 9 which deals with promotions by selection within Group A (Class-1), inter alia, provides that in promotions by selection to posts within Group A (Class-1) which carry salary of Rs. 2250/- per month or less, there is no reservation, but the Scheduled Castes/Scheduled Tribes 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... It is needless to say that the instructions contained in the Brochure are issued from time to time by the Government of India in order to discharge the Constitutional mandate and every authority coming within the meaning of Article 12 of the Constitution of India shall carry out such instructions and failure to comply with such instructions
amounts to violation of Articles 14 and 16 of the Constitution resulting in the action of such authority being vitiated... That apart, reservation is also applicable to promotions by selection to posts within Group 'A' as provided in paragraph 9 of the Brochure and the Departmental authorities under the State are duty bound to follow the administrative instructions issued from time to time in that regard to promote with special care the educational and economic interest of the Scheduled Castes and Tribes and to protect them from social injustice and all forms of exploitation and on failure to comply with such instruction, the Court may issue directions to carry out such instruction, even though it is non-statutory.;The contention that because adequate number of Scheduled Caste/Scheduled Tribes candidates was not available in the year 1985, the vacancies were carried forward and in subsequent years, those vacancies were filled up by promoting Scheduled Castes/Scheduled Tribes candidates was unsustainable, the action so taken being illegal.... The contention that only one candidate belonging to Scheduled caste was within the zone of consideration, therefore he was promoted is illogical and cannot be sustained in the absence of proof... It is not the case that candidates belonging to Scheduled Castes and Scheduled Tribes were called for interview in the ratio of 1:4 as against 11 vacancies of SC and 6 vacancies of ST, reserved as against 74 vacancies at 15% and 7 1/2% respectively and were found to be unfit for promotion, their eligibility having been considered. On the other hand, except one person belonging to Scheduled Caste none from either Scheduled Castes and Scheduled Tribes were considered for promotion keeping in view the instructions in the Brochure. Therefore, non-compliance of the instructions resulted in violation of Articles 14 and 16 of the Constitution... promotion of 74 persons impugned herein without following the roster system provided for promotion of Scheduled Castes and Scheduled Tribes candidates cannot be sustained and the same is liable to be quashed for non-compliance of mandatory requirement of Articles 14 and 16 of the Constitution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 482: [Dr. K.Bhakthavatsala, J] Offence under Section 292 of I.P.C., -  Allegation that Petitioners were watching obscene film privately in their residence - Whether privately viewing obscene film constitute an offence punishable under Section 292 of I.P.C., ?  Held, Section 292 of I.P.C. was added in accordance with the resolution passed by the International Convention for the suppression and circulation of, and traffic in, obscene publications, signed at Geneva on behalf of the Governor General in Council on the 12th day of September 1923. It is not the case of prosecution that the accused were possessing the obscene films for the purpose of sale, distribution, circulation etc., as mentioned in clause (a) of Sub-section 2 of Section 292 of I.P.C. Therefore, the act of the Petitioners privately viewing obscene film does not constitute an offence under Section 292 of I.P.C., The  Magistrate has erred in taking cognizance of offence under Section 292 of I.P.C. Hence, proceedings initiated against the petitioners is quashed. 

INDIAN PENAL CODE,1860[C.A.No.45/1860]   Section 292: [Dr. K.Bhakthavatsala, J] Offence under -  Allegation that Petitioners were watching obscene film privately in their residence - Whether privately viewing obscene film constitute an offence punishable under Section 292 of I.P.C., ?  Held, Section 292 of I.P.C. was added in accordance with the resolution passed by the International Convention for the suppression and circulation of, and traffic in, obscene publications, signed at Geneva on behalf of the Governor General in Council on the 12th day of September 1923. It is not the case of prosecution that the accused were possessing the obscene films for the purpose of sale, distribution, circulation etc., as mentioned in clause (a) of Sub-section 2 of Section 292 of I.P.C. Therefore, the act of the Petitioners privately viewing obscene film does not constitute an offence under Section 292 of I.P.C., The  Magistrate has erred in taking cognizance of offence under Section 292 of I.P.C. Hence, proceedings initiated against the petitioners is quashed. -  Their further case is that while promoting the persons found in Annexure-II enclosed to the Writ Petitions, respondent-2 failed to apply the roster system to reserve vacancies in the Junior Management Cadre Scale-l for persons belonging to Scheduled Castes and Scheduled Tribes for promotion from the cadre of Clerks and this has resulted in denial of opportunity of promotion to petitioner-2 and other eligible SC/ST candidates similarly placed. 6. On the basis of the instructions issued by the Government of India, it is contended by the petitioners that there shall be reservation in the vacancies sought to be filled up on promotion at 15% and 7 1/2% in favour of Scheduled Castes and Scheduled Tribes respectively, that respondent-1 failed to reserve the vacancies at the above ratio out of 74 vacancies notified in Circular No. (iii) A select list should then be prepared in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of merit and seniority according to the general principles for promotion to selection posts laid down in the Ministry of Home .Affairs O. , Outstanding',Very-Good' and 'Good' in that order, without disturbing the seniority interest within each category. (iv) When the Select Lists of Officers in the general category and those belonging to Scheduled Castes and Scheduled Tribes have been prepared by the Departmental Promotion Committee, these should be merged into a combined Select List in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of their inter se seniority in the original seniority list of the category or grade from which promotion is being made. It is needless to say that the instructions contained in the Brochure are issued from time to time by the Government of India in order to discharge the Constitutional mandate and every authority coming within the meaning of Article 12 of the Constitution of India shall carry out such instructions and failure to comply with such instructions amounts to violation of Articles 14 and 16 of the Constitution resulting in the action of such authority being vitiated. 26. That apart, reservation is also applicable to promotions by selection to posts within Group 'A' as provided in paragraph 9 of the Brochure and the departmental authorities under the State are duty bound to follow the administrative instructions issued from time to time in that regard to promote with special care the educational and economic interests of the Scheduled Castes and Tribes and to protect them from social injustice and all forms of exploitation and on failure to comply with such instruction, the Court may issue directions to carry out such instruction, even though it is non-statutory, (please see Comptroller v. 28. The contention of Sri Ramadas, learned Counsel for respondent-1 that subsequently, however, upto 1990 a large number of persons belonging to Scheduled Castes and Scheduled Tribes were considered for the purpose of promotion to the posts reserved in accordance with the instructions in the Brochure is not the answer to the question Before Court, inasmuch as when 74 vacancies were filled up under Annexure-A on 16.12.1985, respondent-1 failed to consider the case of petitioner-2 and other similar persons for promotion from clerical cadre to Junior Management Cadre Scale-l according to roster system provided for Scheduled Castes and Scheduled Tribes in the Circular instructions issued by the Government of India.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '  xx  xx  xx;  xx  xx  xx',
			'counselplain' => 'O. Sridhar, Adv.',
			'counseldef' => 'S. Ramadas, Adv. for ;S.G. Sundaraswamy, Adv.',
			'court' => 'Karnataka',
			'court_type' => 'HC',
			'decidedon' => '1993-02-09',
			'deposition' => 'Writ Petition allowed',
			'favorof' => null,
			'findings' => null,
			'judge' => 'M. Ramakrishna, J.',
			'judgement' => 'ORDER<p style="text-align: justify;">M. Ramakrishna, J.</p><p style="text-align: justify;">1. These two Writ Petitions have been presented by petitioners 1 and 2 seeking common reliefs based on common facts and grounds taken therein. Therefore, these Petitions are disposed of by the following common order.</p><p style="text-align: justify;">2. Petitioner-1 is the All India Vijaya Bank SC/ST Employees Association represented by its General Secretary Sri D.Narayana, while petitioner-2 is Sri K.Nagappayya, an employee working in Vijaya Bank, respondent-1 represented by its Chairman and Managing Director, Bangalore. Respondent-2 is the Union of India impleaded for the purpose of seeking general relief arising out of the rights of the petitioners by virtue of their service in the Bank and in general under the Constitution.</p><p style="text-align: justify;">3. The case of the petitioners is that they are aggrieved by the promotion of certain candidates on the basis of seniority subject to fitness to the Junior Management Cadre Scale-1 and consequent issuance of Circular No. 197/85 dated 16.12.1985 with a list (Annexure-II) of the candidates selected to that scale. The petitioners have taken a number of grounds to attack the Circular (Annexure-A) and the list (Annexure-II) of the selected candidates. They have sought for quashing the same. Their further case is that while promoting the persons found in Annexure-II enclosed to the Writ Petitions, respondent-2 failed to apply the roster system to reserve vacancies in the Junior Management Cadre Scale-l for persons belonging to Scheduled Castes and Scheduled Tribes for promotion from the cadre of Clerks and this has resulted in denial of opportunity of promotion to petitioner-2 and other eligible SC/ST candidates similarly placed.</p><p style="text-align: justify;">4. In support of their claim for reservation of certain vacancies in the Junior Management Cadre Scale-l to be filled up on promotion from the cadre Clerks, they contend as follows:-</p><p style="text-align: justify;">(1) There are two Settlement Deeds entered into between the first respondent and the recognised trade unions on 17.6.1982 and 25.7.1985. According to the Settlement Deed dated 25.7.1985, 75% of the vacancies in the Junior Management Cadre Scale-l are to be filled up from the cadre of Clerks by promotion on merit in written test and interview and the remaining 35% by promotion on seniority by calling candidates for interview at the ratio of 1:4 i.e., for every vacancy of an Officer, four clerks are to be called for interview.</p><p style="text-align: justify;">(2) As per the Settlement Deed dated 16th June, 1982, the employees belonging to Scheduled Castes and Scheduled Tribes shall have reservation in promotions and such reservations/relaxation shall be as per the directions of the Government.</p><p style="text-align: justify;">(3) So far as the eligibility criterion for promotion of Clerks to the posts of Junior Management Cadre Scale-l is concerned, the Settlement Deed dated 17.6,1982 provides as follows:-</p><p style="text-align: justify;"> B. ELIGIBILITY</p><p style="text-align: justify;">All employees in the clerical cadre who satisfy the following stipulations in respect of qualifications, qualifying service shall be eligible for considerations for promotion:-</p><p style="text-align: justify;"> 1. Qualifications: Employees having a minimum qualification of a pass in S.S.LC. or its equivalent examination shall be eligible to appear for test/interview. In the case of those employees who do not satisfy the stipulation of minimum qualification, they shall, however, be eligible if they have passed in CAIIB Part-l Examination.</p><p style="text-align: justify;">2. Qualifying service.- Employees in the Clerical cadre who satisfy the following stipulations for qualifying service shall be eligible for consideration for promotion:</p><p style="text-align: justify;"> a) Employees who are graduates and have put in a minimum of 4 years service as clerk.</p><p style="text-align: justify;">b) Employees who are non-graduates and who have put in a minimum service of 5 years as clerk.</p><p style="text-align: justify;">c) Employees with not less than 3 year service in the Bank who have passed in the CAIIB examination, irrespective of the fact whether he is a graduate or not.</p><p style="text-align: justify;">d) The term Clerk above referred to shall apply to and mean Stenographers, Typists, Telephone Operators, Telex Operators and Punch Operators. </p><p style="text-align: justify;">5. The petitioners pointed out the Circular Instructions issued by the Government of India providing for reservation of vacancies in favour of the Scheduled Castes and Scheduled Tribes in the services under the public sector Banks/financial institutions. A Brochure brought out in this connection on the lines of Brochure on Reservations for SC and ST in Services (7th Edition) issued by the Department of Personnel & Training has been produced for perusal.</p><p style="text-align: justify;">6. On the basis of the instructions issued by the Government of India, it is contended by the petitioners that there shall be reservation in the vacancies sought to be filled up on promotion at 15% and 7 1/2% in favour of Scheduled Castes and Scheduled Tribes respectively, that respondent-1 failed to reserve the vacancies at the above ratio out of 74 vacancies notified in Circular No.275 of 1985 dated 4.11.1985, that applying the above ratio, 11 vacancies for Scheduled Castes and six vacancies for Scheduled Tribes out of 74 vacancies should have been reserved and that, apart from this, huge backlog was carried forward from 1980 to 1984. Their further contention is that the respondent-1 was at fault in not preparing a separate list of Scheduled Castes and Scheduled Tribes candidates on the vacancies reserved on the roster system and in not conducting separate interview on a day or sitting of the Selection Committee other than the day or sitting on which general candidates are to be interviewed by calling SC/ST candidates four times the number of vacancies including backlog reserved for them and that, on the contrary, respondent-1 called 296 clerks i.e., four times the total number of 74 vacancies who are on top of the seniority list irrespective of whether the required number of SC/ST candidates were included in it or not.</p><p style="text-align: justify;">7. Lastly it is stated by the petitioners that in the list of selection published by respondent-1 as per Annexure-II enclosed to Annexure-A, no SC/ST candidate has been promoted on the basis of seniority subject to fitness, though there were a number of candidates including the second petitioner belonging to that categories, which has resulted in denial. of promotional opportunities to SC/ST candidates. Therefore, they have prayed that Circular No.197/85 under which the candidates mentioned in Annexure-II have been promoted being violative of Articles 14 and 16 of the Constitution be quashed with a direction to the respondents to prepare separate lists of general, Scheduled Castes and Scheduled Tribes candidates and conduct fresh interview bearing in mind the procedure of promotion of SC/ST candidates provided in the Brochure.</p><p style="text-align: justify;">8. A detailed Statement of Objections has been filed on behalf of responden-1 wherein the stand taken is that petitioner-1 being a non-recognized union has no locus standi to maintain the Writ Petition and that therefore W.P.No.20012 of 1985 filed by it has to be dismissed in limine as not maintainable. Denying the allegation made in the Writ Petitions that there was denial of opportunity of promotion to SC/ST candidates, it is stated that promotions were made in 'accordance with the settlement arrived at under the two Settlement Deeds entered on 17.6.1982 and 25.7.1985 between responden-1 and Vijaya Bank Employees' Association and Vijaya Bank Workers' Organisation. From the Settlement Deeds, it is seen-</p><p style="text-align: justify;">(i) 25% of the total vacancies in the Officer cadre (Grade-ll) are to be filed up by way of direct recruitment;</p><p style="text-align: justify;">(ii) 40% of the total vacancies by promotion on merit basis from among the clerical cadre after conducting a written test and interview; and</p><p style="text-align: justify;">(iii) the remaining 35% of the total vacancies, by way of promotion on seniority basis by calling for interview, the senior most clerks in the ratio of 1:4 (i.e., for every vacancy in the Officer Cadre 4 clerks are to be called for interview).</p><p style="text-align: justify;">The Settlement Deeds also provide for reservation of SC/ST employees as per directives of the Government.</p><p style="text-align: justify;">9. According to the counter, the Writ Petitions are concerned with only the last category i.e., 35% of the vacancies are to be filled up by promotion on seniority basis by calling for interview the senior most clerks in the ratio of 1:4 and accordingly, respondent-1 promoted on seniority basis 74 clerks to the cadre of Officer as mentioned in the Annexure-II.</p><p style="text-align: justify;">10. Referring to the Official Memorandum dated 16.2.1982, respondent-1 stated in the counter that it was not relevant for the purpose as it referred to the filling up of posts by promotion on seniority as the posts, subject matter of Writ Petitions, were to be filled by promotion of selection, which is quite contrary to the admission made by respondent-1 earlier in the counter. The candidates are called for interview in the ratio of 1:4 and service-wise and qualification-wise eligible candidates are selected after giving due weightage to the educational qualification and service as per promotional policy of the Bank. Therefore, selection of SC/ST candidates will be made only if they are within the normal zone of consideration for such promotion and there is no separate zone of consideration for reserved vacancies. The zone in such cases would therefore be one fixed with reference to the total number of vacancies (including the reserved vacancies) for which a selection is made and only those SC/ST candidates who are within such normal zone of consideration would be considered for promotion against the reserved vacancies. This principle of zone of consideration is not applicable to posts filled by promotion on the basis of seniority subject to fitness.</p><p style="text-align: justify;">11. Though it is stated earlier in the counter that the Official Memorandum issued by the Government of India on 16.2.1982 is not relevant for the purpose of promotions of this kind, in paragraph-7 of it, it is stated that the instructions contained in the Memorandum are followed because it is relevant for this purpose. It is stated that as there was only one Scheduled Caste candidate who came within the zone of consideration, he was promoted in December, 1985 and that therefore the Writ Petitions based on misinterpretation of the Memorandum have no merit. Respondent-1 denied the allegation that roster system was not followed in promoting SC/ST candidates and contended that only one candidate belonging to Scheduled Caste being within the zone of consideration was promoted and the petitioner did not come within the zone of consideration. Although respondent-1 denied that separate lists of SC/ST candidates and general candidates should be prepared and separate interview conducted for each category for purposes of promotion, he admitted that out of 74 vacancies, there would be provision for 11 vacancies for Scheduled Castes and 6 vacancies for Scheduled Tribes candidates on the roster points. He has also admitted that the backlog of vacancies reserved for SC/ST during the year 1980-84 has been carried forward to the next three years. Denying all other allegations of the Writ Petitions, respondent-1 prays to dismiss them.</p><p style="text-align: justify;">12. Though notices were issued to respondent-2, Union of India, unfortunately, none appeared and no counter has been filed on their behalf. Therefore, the Court has no assistance from it to decide important legal contentions urged and to record findings thereon.</p><p style="text-align: justify;">13. In the additional Statement of Objections filed on behalf of respondent-1 on 26.3.1991, it is stated as follows:-</p><p style="text-align: justify;">Respondent-1 interviewed 296 clerks as against 74 vacancies notified. Out of them, one Sri Kamalaksha Rao (SI.No.40 in Annexure-A) was the only S.C.Candidate who came within the zone of consideration and therefore he was promoted. It is reiterated that zone of consideration will not be applicable to the promotion on seniority subject to fitness. In paragraph-3 it is stated that the Government of India clarified in their Circular dated 28.11.1986 (Annexure-5) with a chart (Annexure-6) the promotions that could be said to be made by selection. In paragraph-4 the stand taken is that reservations for SC/ST on the basis of 40 point roster were made in the years 1984, 1985 and 1987, that, accordingly, having regard to the vacancies, there were 23 posts in S.C. each year which could not be filled up, that the Bank did not make any promotions in 1986, that therefore it took a decision to fill up the entire backlog in the year 1988, that there were in all 180 vacancies in the year 1988 and 50% of it were reserved for promotions to SC/ST, that in a common test conducted for all the clerks including SC/ST clerks, the backlog could not be filled up for want of sufficient number of such candidates and that therefore a separate test was made only for them. After giving coaching classes to the candidates of these categories, 90 SC/ST clerks were promoted in the year 1988 out of 180, As per reservation, Bank is obliged to reserve only 15% for S.C. and 7.5% for ST. As against this, 90 persons were promoted i.e., as against 41 posts reserved for SC/ST, 90 SC/ST clerks were promoted as Officers. 50% of the total number of vacancies were reserved for SC/ST in 1988, even though the reservations are only 15% and 7.5% for S.C./S.T. respectively. The very fact that the Bank had a backlog of SC/ST from 1984 onwards itself shows that the Bank had been making reservations in the promotions also. In paragraph-5 it is stated that in 1989 also 50% of the total vacancies were reserved for SC/ST and 78 SC/ST Clerks were promoted out of 156 vacancies after conducting a separate test for them with relaxation of 15 marks. In 1989, 23 Scheduled Caste persons and 11 Scheduled Tribe persons had to be promoted. The Bank also filled up 16 and 8 respectively carrying forward 7 S.C. vacancies and 3 ST. vacancies. In the year 1990, after reserving 15 posts for Scheduled Castes and 7 posts for Scheduled Tribes, separate test was conducted and 22 clerks belonging to Scheduled Castes and 2 Scheduled Tribes were promoted and the present carry forward vacancy is only 8 in ST quota to be filled in the 1991 promotions. The second petitioner was promoted as Junior Management Grade Scale-l on 1.12.1988 after interview and therefore his grievance about his non-promotion does not survive.</p><p style="text-align: justify;">14. Sri Sridhar, learned Counsel for the petitioners, vehemently argued that the Writ Petition by petitioner-1 All India Vijaya Bank SC/ST Employees Association was maintainable in view of the Decision of the Supreme Court in AKHIL BHARATIYA SOSHIT KARAMCHARI SANGH (Railway) REPRESENTED BY ITS ASST. GENERAL SECRETARY ON BEHALF OF THE ASSOCIATION v. UNION OF INDIA, : (1981)ILLJ209SC . Regarding the merits of the case, the learned Counsel submitted that even though there was settlement under the two Settlement Deeds, referred to above, inter alia, dealing with promotions, in particular, of the employees belonging to Scheduled Castes and Scheduled Tribes by reserving vacancies as provided in the Circular instructions issued by the Government of India by way Brochure, respondent-1 deviated from the Settlement and the Circular instructions and promoted only those clerks, who were on top of the seniority list, of general category except one who was of Scheduled Caste, which had resulted injustice to the employees including the petitioner of Scheduled Castes and Scheduled Tribes, The legal contention urged by Sri Sridhar is that the contention of respondent-1 that the second petitioner K. Nagappayya did not come within the zone of consideration, therefore he was not promoted to the next higher cadre i.e., Junior Management Cadre Scale-l was unsustainable in view of the Decision of the Supreme Court in BIHAR STATE HARIJAN KALYAN PARISHAD v. UNION OF INDIA, : (1985)IILLJ173SC . He also brought to my notice the Ruling of the Supreme Court in the Review Petitions presented as against the Judgment rendered by it.</p><p style="text-align: justify;">15. Sri Ramadas, learned Counsel for respondent-!, argued supporting the action taken by respondent-1 in promoting the persons found in Annexure-II as per Annexure-A. His first contention is that the Writ Petition filed by petitioner-1 All India Vijaya Bank SC/ST Employees Association is not maintainable as the Association was not recognised. His next submission is that though respondent-1 could not follow the roster system for the purpose of promotion of candidates belonging to Scheduled Castes and Scheduled Tribes as on the date when 74 vacancies were filled up under Annexure-A, that was followed subsequently upto 1990 and promotions were given - to persons including the petitioner belonging to that categories. Therefore, he submits that the Writ Petitions may be dismissed as not surviving.</p><p style="text-align: justify;">16. Before going into the merits of the case, let me consider the preliminary objection raised by Sri Ramadas, first. According to him, petitioner-1 Association represented by Sri D.Narayana, its General Secretary, cannot maintain the Writ Petition for want of recognition. I do not think there is any force in submission of Sri Ramadas in view of the Decision of the Supreme Court in Akhil Bharatiya Soshit Karmachari Sangh's case wherein considering the very question, the Supreme Court in paragraph-63 held as follows:-</p><p style="text-align: justify;">'A technical point is taken in the counter-affidavit that the 1st petitioner is an unrecognised association and that, therefore, the petition to that extent, is not sustainable. It has to be overruled. Whether the petitioners belong to a recognised union or not, the fact remains that a large body of persons with a common grievance exists and they have approached this Court under Article 32. Our current processual jurisprudence is not of individualistic Anglo-Indian mould. It is broad-based and people-oriented, and envisions access to justice through 'class actions', 'public interest litigation', and 'representative proceedings'. Indeed, little Indians in large numbers seeking remedies in Courts through collective proceedings, instead of being driven to an expensive plurality of litigations, is an affirmation of participative justice in our democracy. We have no hesitation in holding that the narrow concept of 'cause of action' and 'person aggrieved' and individual litigation is becoming obsolescent in some jurisdictions. It must fairly be stated that the learned Attorney General has taken no objection to a non-recognized association maintaining the writ petitions'.</p><p style="text-align: justify;">Thus, the Supreme Court having rejected the contention on behalf of the Union of India held that such a Writ Petition even though presented by a non-recognized Association is still maintainable. Therefore, the preliminary objection raised by Sri Ramadas is rejected.</p><p style="text-align: justify;">16(a). On merits, the question that arises for my consideration in these Writ Petitions is whether respondent-1 was justified in promoting the persons found in Annexure-lf under Annexure-A.</p><p style="text-align: justify;">17. Before considering the main contentions urged by the learned Counsel on both sides as to the application of roster system to the vacancies to be filled up by promotion, let me see the policy made by the Government of India from time to time. Learned Counsel on both sides produced what is known as 'Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services', Seventh Edition, issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel and Training, New Delhi. Chapter-11 thereof deals with percentage of reservation for Scheduled Castes and Scheduled Tribes. It is not in dispute that in the light of the prescription under Chapter-2, 15% and 7 1/2% of the vacancies in posts and services under the Government of India are to be reserved in favour of Scheduled Castes and Scheduled Tribes respectively to be filled up by direct recruitment and by promotion, Chapter-9 of the Brochure deals with promotions -Reservations and Concessions. Paragraph-1 of Chapter 9 provides:</p><p style="text-align: justify;">'9.1 Promotion through limited departmental competitive examination.</p><p style="text-align: justify;"> xx xx xxIn promotions through departmental competitive examinations, Scheduled Castes/Scheduled Tribes candidates who have not acquired the general qualifying standard should also be considered for promotion provided they are not found unfit for such promotion. The qualifying standard in such examination should be relaxed in favour of Scheduled Castes and Scheduled Tribes candidates in keeping with the above criterian.</p><p style="text-align: justify;">For determining the number of vacancies to be reserved for Scheduled Castes and Scheduled Tribes in such promotions, a separate roster on the lines of the roster prescribed in Annexure-l to O.M.No.1/11/69-Est(SC7) dated 22.4.1970 (in Which points 1, 8, 14, 22, 28 and 36 are reserved for Scheduled Castes and points 4, 17 and 31 are reserved for Scheduled Tribes) should be followed.' </p><p style="text-align: justify;">Clause (a) of paragraph-2 of Chapter 9 which deals with promotions by selection within Group A (Class-l), inter alia, provides that in promotions by selection to posts within Group A (Class I) which carry salary of Rs.2,250/- per month or less, there is no reservation, but the Scheduled Castes/ Scheduled Tribes 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.</p><p style="text-align: justify;">18. Promotions by selection to Group B, within Group B and from Group B to the lowest rung in Group A (to Class II within Class II and from Class II to the lowest rung in Class I) are directed to be made by following the following instructions:-</p><p style="text-align: justify;">9.2(b)(1) Selection against vacancies reserved for Scheduled Castes and Scheduled Tribes will be made only from among those Scheduled Castes/ Scheduled Tribes Officers who are within the normal zone of consideration prescribed by DP&AR; O.M.No.22011/3/76-Estt(D) dated 24th December, 1980, where adequate number of SC/ST candidates are not available within the normal field of choice, it may be extended to 5 times the number of vacancies and the SC/ST candidates (and not any other) coming within the extended field of choice should also be considered against the vacancies reserved for them.</p><p style="text-align: justify;">(ii) If candidates from Scheduled Castes and Scheduled Tribes obtain on the basis of merit with due regard to seniority, on the same basis as others, less number of vacancies than that reserved for them, the difference should be made up by selecting the candidates of these communities who are in the zone of consideration irrespective of merit but who are considered fit for promotion.</p><p style="text-align: justify;">(iii) A select list should then be prepared in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of merit and seniority according to the general principles for promotion to selection posts laid down in the Ministry of Home . Affairs O.M.No.1/4/55-RPS dated 16th May, 1957, i.e., by placing the names in the three categories viz., 'Outstanding', Very-Good' and 'Good' in that order, without disturbing the seniority interest within each category. Such of the meritorious SC/ST candidates who are in the extended field and get selected should retain their position in the panel in accordance with their gradation by the D.P.C. This select list should, thereafter, be followed for making promotions in vacancies as and when they arise during the year.</p><p style="text-align: justify;">(iv) For determining the number of vacancies to be reserved for Scheduled Castes and Scheduled Tribes in a Select List, a separate roster on the lines of the roster prescribed in Annexure-l to O.M.No.1/11/69-Estt (SCT) dated the 22nd April, 1970 (in which points 1, 8, 14, 22, 28 and 36 are reserved for Scheduled Castes and points 4, 17 and 31 for Scheduled Tribes) should be followed. If, owing to non-availability of suitable candidates belonging to Scheduled Castes or Scheduled Tribes, as the case may be, it becomes necessary to dereserve a reserved vacancy, action should be taken in accordance with O.M.No. 36011/ 25/79-Estt.(SC7) dated 16.11.1979.</p><p style="text-align: justify;">(v) There will, however, be no carry forward or reservations from year to year in the event of an adequate number of Scheduled Caste/Scheduled Tribe candidates not being available in any particular year.</p><p style="text-align: justify;">(vi) While vacancies reserved for Scheduled Castes and Scheduled Tribes will continue to be reserved for respective community only, a Scheduled Caste Officer may also be considered for appointment against a vacancy reserved for Scheduled Tribes or vice versa, in the same year itself in which the reservation is made, where the appropriate reserved vacancy could not be filled by a Scheduled Tribe or a Scheduled Caste candidate as the case may be.</p><p style="text-align: justify;">(vii) Although in such promotions, there is no carry forward of reservations from year to year vide sub-para (v) above, as an exception, when a vacancy falling on a reserved point in the roster is treated as unreserved due to its being the only vacancy during the year of promotion, the reservation so due against the reserved point should be carried forward to subsequent three recruitment years and the provisions of para 11.2 regarding reservation of a single vacancy in the year of carry forward will apply in such cases. Accordingly, the reservations carried forward on account of there being only one vacancy during the initial year of promotion, should be adjusted by treating the vacancy arising in the subsequent year(s) as reserved, even though there might be only a single vacancy in that subsequent year(s). xx xx xx</p><p style="text-align: justify;">19. Paragraph 9.2(c) dealing with promotions by selecting Group C and D (Class III and IV) appointments contains instructs more or less similar to instructions extracted above except to extent as below:</p><p style="text-align: justify;">'For such posts, the Select List of Scheduled Castes/Scheduled Tribes Officers should be drawn up separately to fill the reserved vacancies. Officers belonging to these classes should be adjudged separately and not along with other officers and if they are fit for promotion, they should be included in the list irrespective of their merit as compared to other officers. Promotions against reserved vacancies will be subject to the candidates satisfying the prescribed minimum standards.'</p><p style="text-align: justify;">20. Paragraph 9.3 dealing with promotions on the basis of seniority subject to fitness, which is important for our purpose, provides:</p><p style="text-align: justify;">'The principles of zone of consideration is not applicable to promotions by seniority subject to fitness. While referring proposals to the Departmental Promotion Committee for promotion on the basis of seniority subject to fitness in respect of vacancies expected to arise during a year, the following procedure should be followed to give effect to the reservations mentioned above.</p><p style="text-align: justify;"> (i) A separate 40 point roster to determine the number of reserved vacancies in a year should be followed on the lines of the roster prescribed in Annexure-l to the Ministry of Home Affairs O.M.No,1/11/69-Estt (SCT) dated the 22nd April, 1970, in which points 1, 8, 14, 22, 28 and 36 are reserved for Scheduled Castes and points 4, 17 and 31 are reserved for Scheduled Tribes,</p><p style="text-align: justify;">(ii) Wherever according to the points in the roster there are any vacancies reserved for Scheduled Castes and Scheduled Tribes separate lists should be drawn up of the eligible Scheduled Castes or the Scheduled Tribes officers, as the case may be arranged in order of their inter-se seniority in the main list.</p><p style="text-align: justify;">(iii) The Scheduled Castes and Scheduled Tribes Officers should be adjudged by the Departmental Promotion Committee separately in regard to their fitness.</p><p style="text-align: justify;">(iv) When the Select Lists of Officers in the general category and those belonging to Scheduled Castes and Scheduled Tribes have been prepared by the Departmental Promotion Committee, these should be merged into a combined Select List in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of their inter se seniority in the original seniority list of the category or grade from which promotion is being made. This combined select list should thereafter be followed for making promotions in vacancies as and when they arise during the year.</p><p style="text-align: justify;">(v) If the number of eligible candidates belonging to Scheduled Castes/Scheduled Tribes found fit for promotion fails short of the number of vacancies reserved for either of them during the year, action for dereservation should be taken in accordance with O.M.No.36011/ 25/79-Estt (SCI) dated 16th November, 1979, subject to the reservation being carried forward to three subsequent recruitment years and exchange of vacancies between Scheduled Castes and Scheduled Tribes in the final year of carry forward.' </p><p style="text-align: justify;">21. It is not in dispute that the petitioner-2 being Clerk in the Bank of respondent-1 is of Scheduled Caste and was due for promotion, but his case was not considered as he was not within the zone of consideration. As to the mode of promotion whether it is by selection or by seniority subject to fitness, there is dispute, According to the petitioners, it is promotion by seniority subject to fitness while, according to respondent-1, it is by selection. But, one thing is clear, respondent-1 has in clear terms admitted in the counter that it was a promotion by seniority subject to fitness though he contended subsequently that it was a promotion by selection. Assuming for the purpose of argument that it was a promotion by selection, according to paragraph 9.2(v), there shall not be any carry forward of reservations from year to year in the event of adequate number of Scheduled Castes/Scheduled Tribes candidates not being available in any particular year. Therefore, the contention on behalf of respondent-1 that because adequate number of Scheduled Caste/ Scheduled Tribes candidates was not available in the year 1985, the vacancies were carried forward and in subsequent years, those vacancies were filled up by promoting Scheduled Castes/Scheduled Tribes candidates was unsustainable, the action so taken being illegal. Even it is not the case of respondent-1 that a Scheduled Tribes candidates was promoted to the vacancy reserved for Scheduled Tribe or vice versa as is provided in paragraph 9.2(b)(vi) of the Brochure. Nothing is done.</p><p style="text-align: justify;">22. Coming to the instructions provided under paragraph 9.3 of the Brochure relating to promotions on the basis of seniority subject to fitness, the principles of zone of consideration are not applicable to promotions of this kind. According to the instructions under this paragraph, when the matter of promotions is taken into consideration, the competent authority is required to reserve the vacancies according to the roster system for Scheduled Castes and Scheduled Tribes first and then to prepare separate lists of eligible candidates in that categories and those candidates should be adjudged by the Departmental Promotion Committee separately in regard to their fitness independent of the candidates of other categories. This is what the Brochure says in paragraph-9 of Chapter-6 with regard to separate interview of Scheduled Castes and Scheduled Tribes candidates:</p><p style="text-align: justify;">'For reserved vacancies, interview of Scheduled Castes and Scheduled Tribes candidates should be held on a day or sitting of the Selection Committee other than the day or sitting on which general candidates are to be interviewed so that the Scheduled Castes and Scheduled Tribes candidates are not judged in comparison with general candidates and the interviewing authority/Board is/are prominently aware of the need for judging the Scheduled Caste/Scheduled Tribe candidates by relaxed standards.</p><p style="text-align: justify;">23. Chapter-8 of the Brochure of 1988 deals in paragraph 8.1 with safeguards against supersession of SC/ST in promotion. It says;</p><p style="text-align: justify;">'In posts filled by promotion (by selection or on the basis of seniority subject to fitness) wherever the orders regarding reservation apply vide para 3.12 and 8.1(b), (c) and 8.2 in regard to cases where eligible Scheduled Castes/Scheduled Tribes candidates, though available, are not appointed/selected for the reserved vacancies, the appointing authorities should submit such cases to the Board of Directors in case of Officers' cadre and to Chief Executive in case of clerks for information and for taking such necessary action as it may deem fit.</p><p style="text-align: justify;">8.2.2 The Departmental Promotion Committees/Selection Committees/Selection Boards may evolve their own criteria for assessing the suitability for promotion keeping in view the requirements of the job and the capacity of the Officers) to adequately perform the job. However, before any SC/ST Officer is considered 'Unfit promotions', the Departmental Committee/ Selection Committee may satisfy itself that the concerned officer had been advised about his unsatisfactory performance and that his explanation/representations, if any against this had been considered by the appropriate authorities.</p><p style="text-align: justify;">24. Respondent-1 has nowhere stated muchless produced an iota of evidence to show that he reserved the vacancies, at the time of promotions under Annexure-A, for Scheduled Castes and Scheduled Tribes, prepared separate lists of them, conducted separate interview for them and, on finding them to be unfit for promotion, took action to report the matter to the competent authority to consider their representations on the advice about their unsatisfactory performance. The contention urged on behalf of respondent-1 in this behalf, that only one candidate belonging to Scheduled Caste was within the zone of consideration, therefore he was promoted, is illogical and cannot be sustained in the absence of proof.</p><p style="text-align: justify;">25. Regarding the applicability of the Circular instructions issued by the Government of India in matter of promotions to employees working in the Banking institutions, respondent-1 was not right in contending in paragraph-6 of the counter that the Official Memorandum dated 16.2.1982 dealing with promotions by seniority subject to fitness is not applicable to promotions from the Cadre of Clerks, though he stated in the preceding paragraph that it was applicable. It is needless to say that the instructions contained in the Brochure are issued from time to time by the Government of India in order to discharge the Constitutional mandate and every authority coming within the meaning of Article 12 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> shall carry out such instructions and failure to comply with such instructions amounts to violation of Articles 14 and 16 of the Constitution resulting in the action of such authority being vitiated.</p><p style="text-align: justify;">26. That apart, reservation is also applicable to promotions by selection to posts within Group 'A' as provided in paragraph 9 of the Brochure and the departmental authorities under the State are duty bound to follow the administrative instructions issued from time to time in that regard to promote with special care the educational and economic interests of the Scheduled Castes and Tribes and to protect them from social injustice and all forms of exploitation and on failure to comply with such instruction, the Court may issue directions to carry out such instruction, even though it is non-statutory, (please see Comptroller v. Jagannathan, : [1986]2SCR17 . The Supreme Court in the case of Bihar State Harijan Kalyan Parishad interpreting Paragraph-9 of the Brochure with reference to Articles 309 and 335 of the Constitution held in paragraphs 2 and 3 as follows-</p><p style="text-align: justify;">'The rule of 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, but that the procedure is slightly different than in the case of other posts. While the rule of reservation applies to promotions by selection to posts within Group 'A' carrying a salary of Rs. 2,250/- per month or less, it is prescribed that only those Officers belonging to the Scheduled Castes and Scheduled Tribes will be considered for promotion, who are senior enough to be within the zone of consideration. The Select List depending upon the number of vacancies would be drawn up in which would also be included those officers belonging to the Scheduled Castes and Scheduled Tribes who are not considered unfit for promotion. Their position in the Select List would be that assigned to them by the Departmental Promotion Committee on the basis of the record of service. In other words, their inclusion in the Select List would not give them seniority, merely by virtue of their belonging to the Scheduled Castes and Scheduled Tribes over other Officers placed above them in the Select List by the Departmental Promotion Committee.</p><p style="text-align: justify;">3. It is at once seen that the two letters are contrary to paragraph 9 of the Presidential Directive on which they purport to place reliance. Paragraph 9 of the Presidential Directive nowhere says that the rule of reservation does not apply to promotion by selection to posts within Group 'A' which carry an ultimate salary of Rs. 2,250/- per month or less. On the other hand paragraph of the Presidential Directive proceeds on the basic assumption that the rule of reservation does apply but prescribes a certain procedure to be followed, a procedure different from the usual procedure adopted in filling up posts reserved for Scheduled Castes and Scheduled Tribes. It is indeed a matter of surprise to us that the Ministry of Steel and Mines has chosen to place such an interpretation on paragraph 9 of the Presidential Directive. The stand taken by them in the letter dated April 8, 1984 is reiterated in paragraph 5 of the counter affidavit filed on behalf of the Union of India. No explanation has been given in the counter affidavit for what appears to us to be a plain volte face. We have no option, but to quash the letters dated April 8, 1982 and August 19, 1982 above extracted by us and to direct the respondents to give effect to paragraph 9 of the Presidential Directive with effect from the date of the Directive. We have set out our interpretation of the Presidential Directive and effect will be given to the Presidential Directive in the manner interpreted by us. We also wish to make it clear that the classification of posts will be on the same lines as mentioned in paragraph 2 of the Presidential Directive. The Writ Petition is allowed with costs.' </p><p style="text-align: justify;">27. In the light of the above observations of the Supreme Court, respondent-1 ought to have considered those candidates belonging to Scheduled Castes and Scheduled Tribes who were eligible for being considered except those who were unfit for promotion and drawn up a select list. The case of the petitioners is that no opportunity was given petitioner-2 and other Scheduled Castes and Scheduled Tribes Clerks of promotion though they were eligible for being considered. On the other hand, the stand taken by respondent-1 is that only one S.C. candidate was eligible for being considered for promotion as against 74 vacancies and accordingly he was promoted. It is not his case that candidates belonging to Scheduled Castes and Scheduled Tribes were called for interview in the ratio of 1:4 as against 11 vacancies of S.C. and 6 vacancies of ST., reserved as against 74 vacancies at 15% and 7 1/2% respectively and were found to be unfit for promotion, their eligibility having been considered. On the other hand, except one person belonging to Scheduled Caste none from either Scheduled Castes and Scheduled Tribes were considered for promotion keeping in view the instructions in the Brochure. Therefore, non-compliance of the instructions resulted in violation of Articles 14 and 16 of the Constitution.</p><p style="text-align: justify;">28. The contention of Sri Ramadas, learned Counsel for respondent-1 that subsequently, however, upto 1990 a large number of persons belonging to Scheduled Castes and Scheduled Tribes were considered for the purpose of promotion to the posts reserved in accordance with the instructions in the Brochure is not the answer to the question Before Court, inasmuch as when 74 vacancies were filled up under Annexure-A on 16.12.1985, respondent-1 failed to consider the case of petitioner-2 and other similar persons for promotion from clerical cadre to Junior Management Cadre Scale-l according to roster system provided for Scheduled Castes and Scheduled Tribes in the Circular instructions issued by the Government of India.</p><p style="text-align: justify;">29. Subsequent to the Decision in Bihar State Harijan Kalyan Parishad, the Supreme Court had occasion to consider similar question in SYNDICATE BANK SCHEDULED CASTES & SCHEDULED TRIBES EMPLOYEES ASSOCIATION (Regd) THROUGH ITS GENERAL SECRETARY SHRI. K.S.BADLIA AND ORS. v. THE UNION OF INDIA, THROUGH ITS ADDL. SECRETARY, MINISTRY OF FINANCE (DEPARTMENT OF ECONOMIC AFFAIRS), BANKING DIVISION, JEEVAN DEEP BUILDING, PARLIAMENT ST. NEW DELHI, : (1990)IILLJ354SC . Considering the various contentions at length urged on both sides, the Supreme Court disposed of W.P. No. 847 of 1987 on 10,8.1990 with the following order.</p><p style="text-align: justify;">'In the result, this petition is allowed. The order of the respondents dated 15th June, 1987 and 25th June, 1987 are declared as illegal. It is further decided that though Group A posts are Selection posts, still the reservation policy is applicable to such posts and the respondents are directed to compute the backlog of unfilled reserved quota available to the SC/ST Officers in the promotional posts with effect from 1.1.1978, the date of introduction of reservation policy in the respondent bank. The respondents are further directed to grant promotion to the SC/ST employees of the Syndicate Bank with all consequential benefits of salary and allowances from the respective date with effect from which they should have been promoted, after applying the roaster system in their favour. We grant three month's time to carry out these directions.'</p><p style="text-align: justify;">Thereafter, the respondents viz., Union of India and the Bank filed Review Petitions Nos. 592 and 608 of 1990 against the judgment in the above case and the Supreme Court dismissed the Review Petitions as not pressed.</p><p style="text-align: justify;">30. Thus, viewed from these circumstances, it is clear in the mind of the Court that promotion of 74 persons under Annexure-A and Annexure-II impugned herein without following the roster system provided for promotion of Scheduled Castes and Scheduled Tribes candidates cannot be sustained and the same is liable to be quashed for non-compliance of mandatory requirement of Articles 14 and 16 of the Constitution. Sri Ramadas, learned Counsel for respondent-1 has not been able to convince the Court to take a different view.</p><p style="text-align: justify;">31. In the result and for the reasons stated above, I make the following</p><p style="text-align: justify;">',
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		(int) 45 => 'SC',
		(int) 46 => 'Union of India',
		(int) 47 => 'Court',
		(int) 48 => 'Statement of Objections',
		(int) 49 => 'S.C.Candidate',
		(int) 50 => 'the Government of India',
		(int) 51 => 'Circular',
		(int) 52 => 'SC/ST',
		(int) 53 => 'Bank',
		(int) 54 => 'SC/ST',
		(int) 55 => 'SC/ST',
		(int) 56 => 'Bank',
		(int) 57 => 'SC/ST',
		(int) 58 => 'Officers',
		(int) 59 => 'SC/ST',
		(int) 60 => 'Bank',
		(int) 61 => 'SC',
		(int) 62 => 'Bank',
		(int) 63 => 'SC/ST',
		(int) 64 => 'Bank',
		(int) 65 => 'Junior Management Grade Scale-l',
		(int) 66 => 'the Writ Petition',
		(int) 67 => 'All India Vijaya Bank SC/ST Employees Association',
		(int) 68 => 'the Decision of the Supreme Court',
		(int) 69 => 'AKHIL',
		(int) 70 => 'ASST',
		(int) 71 => 'ASSOCIATION',
		(int) 72 => 'UNION OF INDIA',
		(int) 73 => 'Circular',
		(int) 74 => 'the Government of India',
		(int) 75 => 'Brochure',
		(int) 76 => 'Circular',
		(int) 77 => 'K. Nagappayya',
		(int) 78 => 'the Decision of the Supreme Court',
		(int) 79 => 'UNION OF INDIA',
		(int) 80 => 'the Supreme Court',
		(int) 81 => 'the Review Petitions',
		(int) 82 => 'the Writ Petition',
		(int) 83 => 'All India Vijaya Bank SC/ST Employees Association',
		(int) 84 => 'Association',
		(int) 85 => 'Association',
		(int) 86 => 'the Decision of the Supreme Court',
		(int) 87 => 'Akhil Bharatiya Soshit',
		(int) 88 => 'the Supreme Court',
		(int) 89 => 'Court',
		(int) 90 => 'the Supreme Court',
		(int) 91 => 'the Union of India',
		(int) 92 => 'Association',
		(int) 93 => 'Annexure-A.17',
		(int) 94 => 'the Government of India',
		(int) 95 => 'Learned Counsel',
		(int) 96 => 'the Government of India',
		(int) 97 => 'Ministry of Personnel, Public Grievances & Pensions',
		(int) 98 => 'Department of Personnel',
		(int) 99 => 'the Government of India',
		(int) 100 => 'Brochure',
		(int) 101 => 'Group A',
		(int) 102 => 'inter alia',
		(int) 103 => 'Group A',
		(int) 104 => 'the Scheduled Castes/ Scheduled Tribes Officers',
		(int) 105 => 'Group B',
		(int) 106 => 'Group B',
		(int) 107 => 'Group',
		(int) 108 => 'Group A',
		(int) 109 => 'Scheduled Castes/ Scheduled Tribes Officers',
		(int) 110 => 'SC',
		(int) 111 => 'SC',
		(int) 112 => 'the Ministry of Home',
		(int) 113 => 'Very-Good'',
		(int) 114 => 'SC',
		(int) 115 => 'D.P.C.',
		(int) 116 => 'Select List',
		(int) 117 => 'SCT',
		(int) 118 => 'Group C and',
		(int) 119 => 'the Select List of Scheduled Castes/Scheduled Tribes Officers',
		(int) 120 => 'the Departmental Promotion Committee',
		(int) 121 => 'the Ministry of Home Affairs',
		(int) 122 => 'SCT',
		(int) 123 => 'Scheduled Tribes,(ii',
		(int) 124 => 'the Departmental Promotion Committee',
		(int) 125 => 'the Select Lists of Officers',
		(int) 126 => 'the Departmental Promotion Committee',
		(int) 127 => 'Select List',
		(int) 128 => 'Scheduled Castes/Scheduled Tribes',
		(int) 129 => 'SCI',
		(int) 130 => 'Bank',
		(int) 131 => 'Scheduled Castes/Scheduled Tribes',
		(int) 132 => 'Brochure',
		(int) 133 => 'Brochure',
		(int) 134 => 'the Departmental Promotion Committee',
		(int) 135 => 'Brochure',
		(int) 136 => 'Chapter-6',
		(int) 137 => 'the Selection Committee',
		(int) 138 => 'the Brochure of 1988',
		(int) 139 => 'SC/ST',
		(int) 140 => 'the Board of Directors',
		(int) 141 => 'The Departmental Promotion Committees/Selection Committees/Selection Boards',
		(int) 142 => 'SC/ST Officer',
		(int) 143 => 'the Departmental Committee/ Selection Committee',
		(int) 144 => 'Circular',
		(int) 145 => 'the Government of India',
		(int) 146 => 'Brochure',
		(int) 147 => 'the Government of India',
		(int) 148 => 'Group',
		(int) 149 => 'Brochure',
		(int) 150 => 'State',
		(int) 151 => 'Court',
		(int) 152 => 'The Supreme Court',
		(int) 153 => 'Brochure',
		(int) 154 => 'Group',
		(int) 155 => 'Group',
		(int) 156 => 'Select List',
		(int) 157 => 'the Select List',
		(int) 158 => 'the Departmental Promotion Committee',
		(int) 159 => 'the Select List',
		(int) 160 => 'the Departmental Promotion',
		(int) 161 => 'the Presidential Directive',
		(int) 162 => 'Group',
		(int) 163 => 'Presidential Directive',
		(int) 164 => 'the Ministry of Steel',
		(int) 165 => 'the Union of India',
		(int) 166 => 'the Presidential Directive',
		(int) 167 => 'the Presidential Directive',
		(int) 168 => 'the Supreme Court',
		(int) 169 => 'Brochure',
		(int) 170 => 'Brochure',
		(int) 171 => 'Circular',
		(int) 172 => 'the Supreme Court',
		(int) 173 => 'SYNDICATE BANK',
		(int) 174 => 'THE UNION OF INDIA',
		(int) 175 => 'SECRETARY',
		(int) 176 => 'MINISTRY OF FINANCE (',
		(int) 177 => 'DEPARTMENT OF ECONOMIC AFFAIRS',
		(int) 178 => 'PARLIAMENT ST',
		(int) 179 => 'the Supreme Court',
		(int) 180 => 'W.P. No',
		(int) 181 => 'Group',
		(int) 182 => 'SC',
		(int) 183 => 'the Syndicate Bank',
		(int) 184 => 'Union of India',
		(int) 185 => 'Bank',
		(int) 186 => 'the Supreme Court',
		(int) 187 => 'the Review Petitions',
		(int) 188 => 'Court',
		(int) 189 => 'Scheduled Castes',
		(int) 190 => 'Court'
	),
	'NORP' => array(
		(int) 0 => 'J.1',
		(int) 1 => 'Clerks',
		(int) 2 => 'Clerks',
		(int) 3 => 'Anglo-Indian',
		(int) 4 => 'Indians'
	),
	'CARDINAL' => array(
		(int) 0 => 'two',
		(int) 1 => '1',
		(int) 2 => '2',
		(int) 3 => 'two',
		(int) 4 => 'four',
		(int) 5 => '1',
		(int) 6 => '5',
		(int) 7 => '74',
		(int) 8 => '11',
		(int) 9 => 'six',
		(int) 10 => '74',
		(int) 11 => 'four',
		(int) 12 => '296',
		(int) 13 => 'four',
		(int) 14 => '74',
		(int) 15 => '16',
		(int) 16 => 'two',
		(int) 17 => '1:4',
		(int) 18 => '1:4',
		(int) 19 => '74',
		(int) 20 => '16.2.1982',
		(int) 21 => '1:4',
		(int) 22 => '16.2.1982',
		(int) 23 => 'only one',
		(int) 24 => '74',
		(int) 25 => '11',
		(int) 26 => '6',
		(int) 27 => '296',
		(int) 28 => '74',
		(int) 29 => '40',
		(int) 30 => '23',
		(int) 31 => '180',
		(int) 32 => '90',
		(int) 33 => '180',
		(int) 34 => '90',
		(int) 35 => '41',
		(int) 36 => '90',
		(int) 37 => '78',
		(int) 38 => '156',
		(int) 39 => '23',
		(int) 40 => '11',
		(int) 41 => '16',
		(int) 42 => '7',
		(int) 43 => '3',
		(int) 44 => '15',
		(int) 45 => '7',
		(int) 46 => '22',
		(int) 47 => '2',
		(int) 48 => 'only 8',
		(int) 49 => '1981)ILLJ209SC',
		(int) 50 => '1985)IILLJ173SC',
		(int) 51 => '74',
		(int) 52 => '1',
		(int) 53 => '4',
		(int) 54 => '5',
		(int) 55 => 'three',
		(int) 56 => '1',
		(int) 57 => '4',
		(int) 58 => '16.11.1979.(v',
		(int) 59 => 'three',
		(int) 60 => '11.2',
		(int) 61 => '9.3',
		(int) 62 => '40',
		(int) 63 => '1',
		(int) 64 => '4',
		(int) 65 => '25/79',
		(int) 66 => 'three',
		(int) 67 => 'one',
		(int) 68 => '9.2(v',
		(int) 69 => '9.2(b)(vi',
		(int) 70 => '9.3',
		(int) 71 => '8.1',
		(int) 72 => '3.12',
		(int) 73 => '8.2',
		(int) 74 => 'only one',
		(int) 75 => '16.2.1982',
		(int) 76 => '16',
		(int) 77 => '9',
		(int) 78 => '1986]2SCR17',
		(int) 79 => '335',
		(int) 80 => '2',
		(int) 81 => '3',
		(int) 82 => 'two',
		(int) 83 => '9',
		(int) 84 => '9',
		(int) 85 => '9',
		(int) 86 => '5',
		(int) 87 => '9',
		(int) 88 => '2',
		(int) 89 => '27',
		(int) 90 => '74',
		(int) 91 => '1:4',
		(int) 92 => '11',
		(int) 93 => '6',
		(int) 94 => '74',
		(int) 95 => 'one',
		(int) 96 => '16',
		(int) 97 => '74',
		(int) 98 => '1990)IILLJ354SC',
		(int) 99 => '847',
		(int) 100 => '10,8.1990',
		(int) 101 => '1.1.1978',
		(int) 102 => '592',
		(int) 103 => '608',
		(int) 104 => '74',
		(int) 105 => '16'
	),
	'PERSON' => array(
		(int) 0 => 'Sri D.Narayana',
		(int) 1 => 'Sri K.Nagappayya',
		(int) 2 => 'Bangalore',
		(int) 3 => 'Cadre Scale-l',
		(int) 4 => 'Cadre Scale-l',
		(int) 5 => 'Cadre Scale-l',
		(int) 6 => 'Cadre Scale-l',
		(int) 7 => 'clerk.b',
		(int) 8 => 'CAIIB',
		(int) 9 => 'Clerk',
		(int) 10 => 'Stenographers',
		(int) 11 => 'Banks',
		(int) 12 => 'Tribes',
		(int) 13 => 'Circular No.197/85',
		(int) 14 => 'Articles 14',
		(int) 15 => 'Grade-ll',
		(int) 16 => 'Scheduled Caste',
		(int) 17 => 'them.12',
		(int) 18 => 'Sri Kamalaksha Rao',
		(int) 19 => 'Sri Sridhar',
		(int) 20 => 'ON BEHALF',
		(int) 21 => 'Scheduled Caste',
		(int) 22 => 'Sri Sridhar',
		(int) 23 => 'Cadre Scale-l',
		(int) 24 => 'Sri Ramadas',
		(int) 25 => 'Sri Ramadas',
		(int) 26 => 'Sri D.Narayana',
		(int) 27 => 'Sri Ramadas',
		(int) 28 => 'Karmachari Sangh's',
		(int) 29 => 'Sri Ramadas',
		(int) 30 => 'Tribes',
		(int) 31 => 'xx xx xxIn',
		(int) 32 => 'Tribes',
		(int) 33 => 'xx xx',
		(int) 34 => 'Clerk',
		(int) 35 => 'Officers',
		(int) 36 => 'Scheduled Caste',
		(int) 37 => 'Articles 14',
		(int) 38 => 'Tribes',
		(int) 39 => 'Comptroller',
		(int) 40 => 'Jagannathan',
		(int) 41 => 'Bihar State',
		(int) 42 => 'Harijan Kalyan',
		(int) 43 => 'Articles 309',
		(int) 44 => 'Scheduled Caste',
		(int) 45 => 'Articles 14',
		(int) 46 => 'Sri Ramadas',
		(int) 47 => 'Cadre Scale-l',
		(int) 48 => 'JEEVAN DEEP BUILDING',
		(int) 49 => 'Articles 14',
		(int) 50 => 'Sri Ramadas'
	),
	'DATE' => array(
		(int) 0 => '197/85',
		(int) 1 => '16.12.1985',
		(int) 2 => '17.6.1982',
		(int) 3 => '25.7.1985',
		(int) 4 => '25.7.1985',
		(int) 5 => '16th June, 1982',
		(int) 6 => '17.6,1982',
		(int) 7 => '4 years',
		(int) 8 => '5 years',
		(int) 9 => 'less than 3 year',
		(int) 10 => '1985',
		(int) 11 => '1980 to 1984',
		(int) 12 => 'a day',
		(int) 13 => 'the day',
		(int) 14 => '1985',
		(int) 15 => '17.6.1982',
		(int) 16 => '25.7.1985',
		(int) 17 => 'December, 1985',
		(int) 18 => 'the year 1980-84',
		(int) 19 => 'the next three years',
		(int) 20 => '26.3.1991',
		(int) 21 => '28.11.1986',
		(int) 22 => 'the years 1984, 1985 and',
		(int) 23 => '1987',
		(int) 24 => 'each year',
		(int) 25 => '1986',
		(int) 26 => 'the year 1988',
		(int) 27 => 'the year 1988',
		(int) 28 => 'the year 1988',
		(int) 29 => '1988',
		(int) 30 => '1984',
		(int) 31 => '1989',
		(int) 32 => '1989',
		(int) 33 => '8',
		(int) 34 => 'the year 1990',
		(int) 35 => '1991',
		(int) 36 => '1.12.1988',
		(int) 37 => '1990',
		(int) 38 => 'paragraph-63',
		(int) 39 => 'the 1st',
		(int) 40 => '22.4.1970',
		(int) 41 => '8',
		(int) 42 => '14',
		(int) 43 => '22',
		(int) 44 => '28',
		(int) 45 => '36',
		(int) 46 => '17',
		(int) 47 => '31',
		(int) 48 => 'Rs.2,250/- per month or less',
		(int) 49 => '24th December, 1980',
		(int) 50 => '16th May, 1957',
		(int) 51 => 'the 22nd April, 1970',
		(int) 52 => '8',
		(int) 53 => '14',
		(int) 54 => '22',
		(int) 55 => '28',
		(int) 56 => '36',
		(int) 57 => '17',
		(int) 58 => '31',
		(int) 59 => 'year',
		(int) 60 => 'the same year',
		(int) 61 => 'year',
		(int) 62 => 'year',
		(int) 63 => 'the year',
		(int) 64 => 'the year',
		(int) 65 => 'the initial year',
		(int) 66 => 'a year',
		(int) 67 => 'a year',
		(int) 68 => 'the 22nd April, 1970',
		(int) 69 => '8',
		(int) 70 => '14',
		(int) 71 => '22',
		(int) 72 => '28',
		(int) 73 => '36',
		(int) 74 => '17',
		(int) 75 => '31',
		(int) 76 => 'the year',
		(int) 77 => '16th November, 1979',
		(int) 78 => 'years',
		(int) 79 => 'the final year',
		(int) 80 => '21',
		(int) 81 => 'year',
		(int) 82 => 'any particular year',
		(int) 83 => 'the year 1985',
		(int) 84 => 'subsequent years',
		(int) 85 => 'the day',
		(int) 86 => '2,250/- per month or less',
		(int) 87 => '2,250/- per month or less',
		(int) 88 => '2,250/- per month or less',
		(int) 89 => 'April 8, 1984',
		(int) 90 => 'April 8, 1982',
		(int) 91 => 'August 19, 1982',
		(int) 92 => '1990',
		(int) 93 => '16.12.1985',
		(int) 94 => '1987',
		(int) 95 => '15th June, 1987',
		(int) 96 => '25th June, 1987',
		(int) 97 => 'three month's',
		(int) 98 => '1990'
	),
	'ORDINAL' => array(
		(int) 0 => 'first',
		(int) 1 => 'second',
		(int) 2 => 'second',
		(int) 3 => 'second',
		(int) 4 => 'first',
		(int) 5 => 'first',
		(int) 6 => 'first'
	),
	'PERCENT' => array(
		(int) 0 => '75%',
		(int) 1 => 'the remaining',
		(int) 2 => '35%',
		(int) 3 => '15% and 7 1/2%',
		(int) 4 => '25%',
		(int) 5 => '40%',
		(int) 6 => '35%',
		(int) 7 => '35%',
		(int) 8 => '50%',
		(int) 9 => 'only 15%',
		(int) 10 => '7.5%',
		(int) 11 => '50%',
		(int) 12 => 'only 15% and 7.5%',
		(int) 13 => '50%',
		(int) 14 => '15% and 7 1/2%',
		(int) 15 => '15% and 7 1/2%'
	),
	'TIME' => array(
		(int) 0 => '1:4 i.e.'
	),
	'LOC' => array(
		(int) 0 => 'the Scheduled Castes',
		(int) 1 => 'Scheduled Castes',
		(int) 2 => 'Settlement',
		(int) 3 => 'Scheduled Castes',
		(int) 4 => 'Scheduled Castes',
		(int) 5 => 'Scheduled Castes',
		(int) 6 => 'Scheduled Castes',
		(int) 7 => 'Scheduled Castes',
		(int) 8 => 'Scheduled Castes',
		(int) 9 => 'the Scheduled Castes'
	),
	'GPE' => array(
		(int) 0 => 'ST',
		(int) 1 => 'Services',
		(int) 2 => 'S.C.',
		(int) 3 => 'S.C.',
		(int) 4 => 'ST',
		(int) 5 => 'S.C.',
		(int) 6 => 'ST',
		(int) 7 => 'ST',
		(int) 8 => 'Counsel',
		(int) 9 => 'BIHAR STATE',
		(int) 10 => 'Counsel',
		(int) 11 => 'Courts',
		(int) 12 => 'New Delhi',
		(int) 13 => 'S.C.',
		(int) 14 => 'S.C.',
		(int) 15 => 'ST',
		(int) 16 => 'NEW DELHI'
	),
	'PRODUCT' => array(
		(int) 0 => 'Memorandum',
		(int) 1 => 'Memorandum'
	),
	'MONEY' => array(
		(int) 0 => '15 marks',
		(int) 1 => '25/79-Estt.(SC7'
	),
	'WORK_OF_ART' => array(
		(int) 0 => 'Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services'',
		(int) 1 => 'Seventh Edition',
		(int) 2 => 'Scheduled Castes',
		(int) 3 => 'Scheduled Caste/Scheduled Tribe',
		(int) 4 => 'Scheduled Castes',
		(int) 5 => 'Scheduled Castes',
		(int) 6 => 'The Scheduled Castes',
		(int) 7 => 'Scheduled Caste',
		(int) 8 => 'Scheduled Caste/ Scheduled Tribes',
		(int) 9 => 'Castes/Scheduled Tribes',
		(int) 10 => 'the Scheduled Castes',
		(int) 11 => 'the Scheduled Caste/Scheduled Tribe',
		(int) 12 => 'Scheduled Castes/Scheduled Tribes',
		(int) 13 => 'Officers',
		(int) 14 => 'Officers',
		(int) 15 => 'the Scheduled Castes',
		(int) 16 => 'the Scheduled Castes',
		(int) 17 => 'the Scheduled Castes',
		(int) 18 => 'Scheduled Castes',
		(int) 19 => 'Scheduled Castes'
	),
	'EVENT' => array(
		(int) 0 => 'Class II'
	),
	'FAC' => array(
		(int) 0 => 'the Cadre of Clerks',
		(int) 1 => 'Constitutional'
	)
)
$desc = array(
	'Judgement' => array(
		'id' => '378000',
		'acts' => '<a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> - Articles 14 and 16',
		'appealno' => 'W.P. Nos. 20012 and 20013 of 1985',
		'appellant' => 'All India Vijaya Bank Sc/St Employees Association',
		'authreffered' => '',
		'casename' => 'All India Vijaya Bank Sc/St Employees Association Vs. Vijaya Bank',
		'casenote' => 'CIRCULAR  NO. 197/85 DATED 16.12.1985: SETTLEMENT DEEDS DATED 17.6.1982 &amp; 25.7.1985 : BROCHURE ON RESERVATIONS FOR SCHEDULED CASTES AND SCHEDULED TRIBES IN SERVICES - Writ Petition by Association though non-recognized maintainable -Reservation : procedure &amp; method of implementation -Instructions in Brochure discharge of Constitutional mandate binding every authority, non-compliance violation of Articles 14 &amp; 16 of Constitution of India, vitiating action taken - Reservation applicable to promotions by selection in Group 'A' as per Para 9 - Promotions ignoring Roster system unsustainable &amp; liable to be quashed.;(i) Such Writ Petition even though presented by a
non-recognized Association is still maintainable.;(ii) In the light of the prescription under Chapter II [of the Brochure], 15% and 7 1/2% of the vacancies in posts and services under the Government of India are to be reserved in favour of Scheduled Castes and Scheduled Tribes respectively to be filled up by direct recruitment and by promotion... Clause (a) of paragraph-2 of Chapter 9 which deals with promotions by selection within Group A (Class-1), inter alia, provides that in promotions by selection to posts within Group A (Class-1) which carry salary of Rs. 2250/- per month or less, there is no reservation, but the Scheduled Castes/Scheduled Tribes 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... It is needless to say that the instructions contained in the Brochure are issued from time to time by the Government of India in order to discharge the Constitutional mandate and every authority coming within the meaning of Article 12 of the Constitution of India shall carry out such instructions and failure to comply with such instructions
amounts to violation of Articles 14 and 16 of the Constitution resulting in the action of such authority being vitiated... That apart, reservation is also applicable to promotions by selection to posts within Group 'A' as provided in paragraph 9 of the Brochure and the Departmental authorities under the State are duty bound to follow the administrative instructions issued from time to time in that regard to promote with special care the educational and economic interest of the Scheduled Castes and Tribes and to protect them from social injustice and all forms of exploitation and on failure to comply with such instruction, the Court may issue directions to carry out such instruction, even though it is non-statutory.;The contention that because adequate number of Scheduled Caste/Scheduled Tribes candidates was not available in the year 1985, the vacancies were carried forward and in subsequent years, those vacancies were filled up by promoting Scheduled Castes/Scheduled Tribes candidates was unsustainable, the action so taken being illegal.... The contention that only one candidate belonging to Scheduled caste was within the zone of consideration, therefore he was promoted is illogical and cannot be sustained in the absence of proof... It is not the case that candidates belonging to Scheduled Castes and Scheduled Tribes were called for interview in the ratio of 1:4 as against 11 vacancies of SC and 6 vacancies of ST, reserved as against 74 vacancies at 15% and 7 1/2% respectively and were found to be unfit for promotion, their eligibility having been considered. On the other hand, except one person belonging to Scheduled Caste none from either Scheduled Castes and Scheduled Tribes were considered for promotion keeping in view the instructions in the Brochure. Therefore, non-compliance of the instructions resulted in violation of Articles 14 and 16 of the Constitution... promotion of 74 persons impugned herein without following the roster system provided for promotion of Scheduled Castes and Scheduled Tribes candidates cannot be sustained and the same is liable to be quashed for non-compliance of mandatory requirement of Articles 14 and 16 of the Constitution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 482: [Dr. K.Bhakthavatsala, J] Offence under Section 292 of I.P.C., -  Allegation that Petitioners were watching obscene film privately in their residence - Whether privately viewing obscene film constitute an offence punishable under Section 292 of I.P.C., ?  Held, Section 292 of I.P.C. was added in accordance with the resolution passed by the International Convention for the suppression and circulation of, and traffic in, obscene publications, signed at Geneva on behalf of the Governor General in Council on the 12th day of September 1923. It is not the case of prosecution that the accused were possessing the obscene films for the purpose of sale, distribution, circulation etc., as mentioned in clause (a) of Sub-section 2 of Section 292 of I.P.C. Therefore, the act of the Petitioners privately viewing obscene film does not constitute an offence under Section 292 of I.P.C., The  Magistrate has erred in taking cognizance of offence under Section 292 of I.P.C. Hence, proceedings initiated against the petitioners is quashed. 

INDIAN PENAL CODE,1860[C.A.No.45/1860]   Section 292: [Dr. K.Bhakthavatsala, J] Offence under -  Allegation that Petitioners were watching obscene film privately in their residence - Whether privately viewing obscene film constitute an offence punishable under Section 292 of I.P.C., ?  Held, Section 292 of I.P.C. was added in accordance with the resolution passed by the International Convention for the suppression and circulation of, and traffic in, obscene publications, signed at Geneva on behalf of the Governor General in Council on the 12th day of September 1923. It is not the case of prosecution that the accused were possessing the obscene films for the purpose of sale, distribution, circulation etc., as mentioned in clause (a) of Sub-section 2 of Section 292 of I.P.C. Therefore, the act of the Petitioners privately viewing obscene film does not constitute an offence under Section 292 of I.P.C., The  Magistrate has erred in taking cognizance of offence under Section 292 of I.P.C. Hence, proceedings initiated against the petitioners is quashed. -  Their further case is that while promoting the persons found in Annexure-II enclosed to the Writ Petitions, respondent-2 failed to apply the roster system to reserve vacancies in the Junior Management Cadre Scale-l for persons belonging to Scheduled Castes and Scheduled Tribes for promotion from the cadre of Clerks and this has resulted in denial of opportunity of promotion to petitioner-2 and other eligible SC/ST candidates similarly placed. 6. On the basis of the instructions issued by the Government of India, it is contended by the petitioners that there shall be reservation in the vacancies sought to be filled up on promotion at 15% and 7 1/2% in favour of Scheduled Castes and Scheduled Tribes respectively, that respondent-1 failed to reserve the vacancies at the above ratio out of 74 vacancies notified in Circular No. (iii) A select list should then be prepared in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of merit and seniority according to the general principles for promotion to selection posts laid down in the Ministry of Home .Affairs O. , Outstanding',Very-Good' and 'Good' in that order, without disturbing the seniority interest within each category. (iv) When the Select Lists of Officers in the general category and those belonging to Scheduled Castes and Scheduled Tribes have been prepared by the Departmental Promotion Committee, these should be merged into a combined Select List in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of their inter se seniority in the original seniority list of the category or grade from which promotion is being made. It is needless to say that the instructions contained in the Brochure are issued from time to time by the Government of India in order to discharge the Constitutional mandate and every authority coming within the meaning of Article 12 of the Constitution of India shall carry out such instructions and failure to comply with such instructions amounts to violation of Articles 14 and 16 of the Constitution resulting in the action of such authority being vitiated. 26. That apart, reservation is also applicable to promotions by selection to posts within Group 'A' as provided in paragraph 9 of the Brochure and the departmental authorities under the State are duty bound to follow the administrative instructions issued from time to time in that regard to promote with special care the educational and economic interests of the Scheduled Castes and Tribes and to protect them from social injustice and all forms of exploitation and on failure to comply with such instruction, the Court may issue directions to carry out such instruction, even though it is non-statutory, (please see Comptroller v. 28. The contention of Sri Ramadas, learned Counsel for respondent-1 that subsequently, however, upto 1990 a large number of persons belonging to Scheduled Castes and Scheduled Tribes were considered for the purpose of promotion to the posts reserved in accordance with the instructions in the Brochure is not the answer to the question Before Court, inasmuch as when 74 vacancies were filled up under Annexure-A on 16.12.1985, respondent-1 failed to consider the case of petitioner-2 and other similar persons for promotion from clerical cadre to Junior Management Cadre Scale-l according to roster system provided for Scheduled Castes and Scheduled Tribes in the Circular instructions issued by the Government of India.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '  xx  xx  xx;  xx  xx  xx',
		'counselplain' => 'O. Sridhar, Adv.',
		'counseldef' => 'S. Ramadas, Adv. for ;S.G. Sundaraswamy, Adv.',
		'court' => 'Karnataka',
		'court_type' => 'HC',
		'decidedon' => '1993-02-09',
		'deposition' => 'Writ Petition allowed',
		'favorof' => null,
		'findings' => null,
		'judge' => 'M. Ramakrishna, J.',
		'judgement' => 'ORDER<p style="text-align: justify;">M. Ramakrishna, J.</p><p style="text-align: justify;">1. These two Writ Petitions have been presented by petitioners 1 and 2 seeking common reliefs based on common facts and grounds taken therein. Therefore, these Petitions are disposed of by the following common order.</p><p style="text-align: justify;">2. Petitioner-1 is the All India Vijaya Bank SC/ST Employees Association represented by its General Secretary Sri D.Narayana, while petitioner-2 is Sri K.Nagappayya, an employee working in Vijaya Bank, respondent-1 represented by its Chairman and Managing Director, Bangalore. Respondent-2 is the Union of India impleaded for the purpose of seeking general relief arising out of the rights of the petitioners by virtue of their service in the Bank and in general under the Constitution.</p><p style="text-align: justify;">3. The case of the petitioners is that they are aggrieved by the promotion of certain candidates on the basis of seniority subject to fitness to the Junior Management Cadre Scale-1 and consequent issuance of Circular No. 197/85 dated 16.12.1985 with a list (Annexure-II) of the candidates selected to that scale. The petitioners have taken a number of grounds to attack the Circular (Annexure-A) and the list (Annexure-II) of the selected candidates. They have sought for quashing the same. Their further case is that while promoting the persons found in Annexure-II enclosed to the Writ Petitions, respondent-2 failed to apply the roster system to reserve vacancies in the Junior Management Cadre Scale-l for persons belonging to Scheduled Castes and Scheduled Tribes for promotion from the cadre of Clerks and this has resulted in denial of opportunity of promotion to petitioner-2 and other eligible SC/ST candidates similarly placed.</p><p style="text-align: justify;">4. In support of their claim for reservation of certain vacancies in the Junior Management Cadre Scale-l to be filled up on promotion from the cadre Clerks, they contend as follows:-</p><p style="text-align: justify;">(1) There are two Settlement Deeds entered into between the first respondent and the recognised trade unions on 17.6.1982 and 25.7.1985. According to the Settlement Deed dated 25.7.1985, 75% of the vacancies in the Junior Management Cadre Scale-l are to be filled up from the cadre of Clerks by promotion on merit in written test and interview and the remaining 35% by promotion on seniority by calling candidates for interview at the ratio of 1:4 i.e., for every vacancy of an Officer, four clerks are to be called for interview.</p><p style="text-align: justify;">(2) As per the Settlement Deed dated 16th June, 1982, the employees belonging to Scheduled Castes and Scheduled Tribes shall have reservation in promotions and such reservations/relaxation shall be as per the directions of the Government.</p><p style="text-align: justify;">(3) So far as the eligibility criterion for promotion of Clerks to the posts of Junior Management Cadre Scale-l is concerned, the Settlement Deed dated 17.6,1982 provides as follows:-</p><p style="text-align: justify;"> B. ELIGIBILITY</p><p style="text-align: justify;">All employees in the clerical cadre who satisfy the following stipulations in respect of qualifications, qualifying service shall be eligible for considerations for promotion:-</p><p style="text-align: justify;"> 1. Qualifications: Employees having a minimum qualification of a pass in S.S.LC. or its equivalent examination shall be eligible to appear for test/interview. In the case of those employees who do not satisfy the stipulation of minimum qualification, they shall, however, be eligible if they have passed in CAIIB Part-l Examination.</p><p style="text-align: justify;">2. Qualifying service.- Employees in the Clerical cadre who satisfy the following stipulations for qualifying service shall be eligible for consideration for promotion:</p><p style="text-align: justify;"> a) Employees who are graduates and have put in a minimum of 4 years service as clerk.</p><p style="text-align: justify;">b) Employees who are non-graduates and who have put in a minimum service of 5 years as clerk.</p><p style="text-align: justify;">c) Employees with not less than 3 year service in the Bank who have passed in the CAIIB examination, irrespective of the fact whether he is a graduate or not.</p><p style="text-align: justify;">d) The term Clerk above referred to shall apply to and mean Stenographers, Typists, Telephone Operators, Telex Operators and Punch Operators. </p><p style="text-align: justify;">5. The petitioners pointed out the Circular Instructions issued by the Government of India providing for reservation of vacancies in favour of the Scheduled Castes and Scheduled Tribes in the services under the public sector Banks/financial institutions. A Brochure brought out in this connection on the lines of Brochure on Reservations for SC and ST in Services (7th Edition) issued by the Department of Personnel & Training has been produced for perusal.</p><p style="text-align: justify;">6. On the basis of the instructions issued by the Government of India, it is contended by the petitioners that there shall be reservation in the vacancies sought to be filled up on promotion at 15% and 7 1/2% in favour of Scheduled Castes and Scheduled Tribes respectively, that respondent-1 failed to reserve the vacancies at the above ratio out of 74 vacancies notified in Circular No.275 of 1985 dated 4.11.1985, that applying the above ratio, 11 vacancies for Scheduled Castes and six vacancies for Scheduled Tribes out of 74 vacancies should have been reserved and that, apart from this, huge backlog was carried forward from 1980 to 1984. Their further contention is that the respondent-1 was at fault in not preparing a separate list of Scheduled Castes and Scheduled Tribes candidates on the vacancies reserved on the roster system and in not conducting separate interview on a day or sitting of the Selection Committee other than the day or sitting on which general candidates are to be interviewed by calling SC/ST candidates four times the number of vacancies including backlog reserved for them and that, on the contrary, respondent-1 called 296 clerks i.e., four times the total number of 74 vacancies who are on top of the seniority list irrespective of whether the required number of SC/ST candidates were included in it or not.</p><p style="text-align: justify;">7. Lastly it is stated by the petitioners that in the list of selection published by respondent-1 as per Annexure-II enclosed to Annexure-A, no SC/ST candidate has been promoted on the basis of seniority subject to fitness, though there were a number of candidates including the second petitioner belonging to that categories, which has resulted in denial. of promotional opportunities to SC/ST candidates. Therefore, they have prayed that Circular No.197/85 under which the candidates mentioned in Annexure-II have been promoted being violative of Articles 14 and 16 of the Constitution be quashed with a direction to the respondents to prepare separate lists of general, Scheduled Castes and Scheduled Tribes candidates and conduct fresh interview bearing in mind the procedure of promotion of SC/ST candidates provided in the Brochure.</p><p style="text-align: justify;">8. A detailed Statement of Objections has been filed on behalf of responden-1 wherein the stand taken is that petitioner-1 being a non-recognized union has no locus standi to maintain the Writ Petition and that therefore W.P.No.20012 of 1985 filed by it has to be dismissed in limine as not maintainable. Denying the allegation made in the Writ Petitions that there was denial of opportunity of promotion to SC/ST candidates, it is stated that promotions were made in 'accordance with the settlement arrived at under the two Settlement Deeds entered on 17.6.1982 and 25.7.1985 between responden-1 and Vijaya Bank Employees' Association and Vijaya Bank Workers' Organisation. From the Settlement Deeds, it is seen-</p><p style="text-align: justify;">(i) 25% of the total vacancies in the Officer cadre (Grade-ll) are to be filed up by way of direct recruitment;</p><p style="text-align: justify;">(ii) 40% of the total vacancies by promotion on merit basis from among the clerical cadre after conducting a written test and interview; and</p><p style="text-align: justify;">(iii) the remaining 35% of the total vacancies, by way of promotion on seniority basis by calling for interview, the senior most clerks in the ratio of 1:4 (i.e., for every vacancy in the Officer Cadre 4 clerks are to be called for interview).</p><p style="text-align: justify;">The Settlement Deeds also provide for reservation of SC/ST employees as per directives of the Government.</p><p style="text-align: justify;">9. According to the counter, the Writ Petitions are concerned with only the last category i.e., 35% of the vacancies are to be filled up by promotion on seniority basis by calling for interview the senior most clerks in the ratio of 1:4 and accordingly, respondent-1 promoted on seniority basis 74 clerks to the cadre of Officer as mentioned in the Annexure-II.</p><p style="text-align: justify;">10. Referring to the Official Memorandum dated 16.2.1982, respondent-1 stated in the counter that it was not relevant for the purpose as it referred to the filling up of posts by promotion on seniority as the posts, subject matter of Writ Petitions, were to be filled by promotion of selection, which is quite contrary to the admission made by respondent-1 earlier in the counter. The candidates are called for interview in the ratio of 1:4 and service-wise and qualification-wise eligible candidates are selected after giving due weightage to the educational qualification and service as per promotional policy of the Bank. Therefore, selection of SC/ST candidates will be made only if they are within the normal zone of consideration for such promotion and there is no separate zone of consideration for reserved vacancies. The zone in such cases would therefore be one fixed with reference to the total number of vacancies (including the reserved vacancies) for which a selection is made and only those SC/ST candidates who are within such normal zone of consideration would be considered for promotion against the reserved vacancies. This principle of zone of consideration is not applicable to posts filled by promotion on the basis of seniority subject to fitness.</p><p style="text-align: justify;">11. Though it is stated earlier in the counter that the Official Memorandum issued by the Government of India on 16.2.1982 is not relevant for the purpose of promotions of this kind, in paragraph-7 of it, it is stated that the instructions contained in the Memorandum are followed because it is relevant for this purpose. It is stated that as there was only one Scheduled Caste candidate who came within the zone of consideration, he was promoted in December, 1985 and that therefore the Writ Petitions based on misinterpretation of the Memorandum have no merit. Respondent-1 denied the allegation that roster system was not followed in promoting SC/ST candidates and contended that only one candidate belonging to Scheduled Caste being within the zone of consideration was promoted and the petitioner did not come within the zone of consideration. Although respondent-1 denied that separate lists of SC/ST candidates and general candidates should be prepared and separate interview conducted for each category for purposes of promotion, he admitted that out of 74 vacancies, there would be provision for 11 vacancies for Scheduled Castes and 6 vacancies for Scheduled Tribes candidates on the roster points. He has also admitted that the backlog of vacancies reserved for SC/ST during the year 1980-84 has been carried forward to the next three years. Denying all other allegations of the Writ Petitions, respondent-1 prays to dismiss them.</p><p style="text-align: justify;">12. Though notices were issued to respondent-2, Union of India, unfortunately, none appeared and no counter has been filed on their behalf. Therefore, the Court has no assistance from it to decide important legal contentions urged and to record findings thereon.</p><p style="text-align: justify;">13. In the additional Statement of Objections filed on behalf of respondent-1 on 26.3.1991, it is stated as follows:-</p><p style="text-align: justify;">Respondent-1 interviewed 296 clerks as against 74 vacancies notified. Out of them, one Sri Kamalaksha Rao (SI.No.40 in Annexure-A) was the only S.C.Candidate who came within the zone of consideration and therefore he was promoted. It is reiterated that zone of consideration will not be applicable to the promotion on seniority subject to fitness. In paragraph-3 it is stated that the Government of India clarified in their Circular dated 28.11.1986 (Annexure-5) with a chart (Annexure-6) the promotions that could be said to be made by selection. In paragraph-4 the stand taken is that reservations for SC/ST on the basis of 40 point roster were made in the years 1984, 1985 and 1987, that, accordingly, having regard to the vacancies, there were 23 posts in S.C. each year which could not be filled up, that the Bank did not make any promotions in 1986, that therefore it took a decision to fill up the entire backlog in the year 1988, that there were in all 180 vacancies in the year 1988 and 50% of it were reserved for promotions to SC/ST, that in a common test conducted for all the clerks including SC/ST clerks, the backlog could not be filled up for want of sufficient number of such candidates and that therefore a separate test was made only for them. After giving coaching classes to the candidates of these categories, 90 SC/ST clerks were promoted in the year 1988 out of 180, As per reservation, Bank is obliged to reserve only 15% for S.C. and 7.5% for ST. As against this, 90 persons were promoted i.e., as against 41 posts reserved for SC/ST, 90 SC/ST clerks were promoted as Officers. 50% of the total number of vacancies were reserved for SC/ST in 1988, even though the reservations are only 15% and 7.5% for S.C./S.T. respectively. The very fact that the Bank had a backlog of SC/ST from 1984 onwards itself shows that the Bank had been making reservations in the promotions also. In paragraph-5 it is stated that in 1989 also 50% of the total vacancies were reserved for SC/ST and 78 SC/ST Clerks were promoted out of 156 vacancies after conducting a separate test for them with relaxation of 15 marks. In 1989, 23 Scheduled Caste persons and 11 Scheduled Tribe persons had to be promoted. The Bank also filled up 16 and 8 respectively carrying forward 7 S.C. vacancies and 3 ST. vacancies. In the year 1990, after reserving 15 posts for Scheduled Castes and 7 posts for Scheduled Tribes, separate test was conducted and 22 clerks belonging to Scheduled Castes and 2 Scheduled Tribes were promoted and the present carry forward vacancy is only 8 in ST quota to be filled in the 1991 promotions. The second petitioner was promoted as Junior Management Grade Scale-l on 1.12.1988 after interview and therefore his grievance about his non-promotion does not survive.</p><p style="text-align: justify;">14. Sri Sridhar, learned Counsel for the petitioners, vehemently argued that the Writ Petition by petitioner-1 All India Vijaya Bank SC/ST Employees Association was maintainable in view of the Decision of the Supreme Court in AKHIL BHARATIYA SOSHIT KARAMCHARI SANGH (Railway) REPRESENTED BY ITS ASST. GENERAL SECRETARY ON BEHALF OF THE ASSOCIATION v. UNION OF INDIA, : (1981)ILLJ209SC . Regarding the merits of the case, the learned Counsel submitted that even though there was settlement under the two Settlement Deeds, referred to above, inter alia, dealing with promotions, in particular, of the employees belonging to Scheduled Castes and Scheduled Tribes by reserving vacancies as provided in the Circular instructions issued by the Government of India by way Brochure, respondent-1 deviated from the Settlement and the Circular instructions and promoted only those clerks, who were on top of the seniority list, of general category except one who was of Scheduled Caste, which had resulted injustice to the employees including the petitioner of Scheduled Castes and Scheduled Tribes, The legal contention urged by Sri Sridhar is that the contention of respondent-1 that the second petitioner K. Nagappayya did not come within the zone of consideration, therefore he was not promoted to the next higher cadre i.e., Junior Management Cadre Scale-l was unsustainable in view of the Decision of the Supreme Court in BIHAR STATE HARIJAN KALYAN PARISHAD v. UNION OF INDIA, : (1985)IILLJ173SC . He also brought to my notice the Ruling of the Supreme Court in the Review Petitions presented as against the Judgment rendered by it.</p><p style="text-align: justify;">15. Sri Ramadas, learned Counsel for respondent-!, argued supporting the action taken by respondent-1 in promoting the persons found in Annexure-II as per Annexure-A. His first contention is that the Writ Petition filed by petitioner-1 All India Vijaya Bank SC/ST Employees Association is not maintainable as the Association was not recognised. His next submission is that though respondent-1 could not follow the roster system for the purpose of promotion of candidates belonging to Scheduled Castes and Scheduled Tribes as on the date when 74 vacancies were filled up under Annexure-A, that was followed subsequently upto 1990 and promotions were given - to persons including the petitioner belonging to that categories. Therefore, he submits that the Writ Petitions may be dismissed as not surviving.</p><p style="text-align: justify;">16. Before going into the merits of the case, let me consider the preliminary objection raised by Sri Ramadas, first. According to him, petitioner-1 Association represented by Sri D.Narayana, its General Secretary, cannot maintain the Writ Petition for want of recognition. I do not think there is any force in submission of Sri Ramadas in view of the Decision of the Supreme Court in Akhil Bharatiya Soshit Karmachari Sangh's case wherein considering the very question, the Supreme Court in paragraph-63 held as follows:-</p><p style="text-align: justify;">'A technical point is taken in the counter-affidavit that the 1st petitioner is an unrecognised association and that, therefore, the petition to that extent, is not sustainable. It has to be overruled. Whether the petitioners belong to a recognised union or not, the fact remains that a large body of persons with a common grievance exists and they have approached this Court under Article 32. Our current processual jurisprudence is not of individualistic Anglo-Indian mould. It is broad-based and people-oriented, and envisions access to justice through 'class actions', 'public interest litigation', and 'representative proceedings'. Indeed, little Indians in large numbers seeking remedies in Courts through collective proceedings, instead of being driven to an expensive plurality of litigations, is an affirmation of participative justice in our democracy. We have no hesitation in holding that the narrow concept of 'cause of action' and 'person aggrieved' and individual litigation is becoming obsolescent in some jurisdictions. It must fairly be stated that the learned Attorney General has taken no objection to a non-recognized association maintaining the writ petitions'.</p><p style="text-align: justify;">Thus, the Supreme Court having rejected the contention on behalf of the Union of India held that such a Writ Petition even though presented by a non-recognized Association is still maintainable. Therefore, the preliminary objection raised by Sri Ramadas is rejected.</p><p style="text-align: justify;">16(a). On merits, the question that arises for my consideration in these Writ Petitions is whether respondent-1 was justified in promoting the persons found in Annexure-lf under Annexure-A.</p><p style="text-align: justify;">17. Before considering the main contentions urged by the learned Counsel on both sides as to the application of roster system to the vacancies to be filled up by promotion, let me see the policy made by the Government of India from time to time. Learned Counsel on both sides produced what is known as 'Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services', Seventh Edition, issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel and Training, New Delhi. Chapter-11 thereof deals with percentage of reservation for Scheduled Castes and Scheduled Tribes. It is not in dispute that in the light of the prescription under Chapter-2, 15% and 7 1/2% of the vacancies in posts and services under the Government of India are to be reserved in favour of Scheduled Castes and Scheduled Tribes respectively to be filled up by direct recruitment and by promotion, Chapter-9 of the Brochure deals with promotions -Reservations and Concessions. Paragraph-1 of Chapter 9 provides:</p><p style="text-align: justify;">'9.1 Promotion through limited departmental competitive examination.</p><p style="text-align: justify;"> xx xx xxIn promotions through departmental competitive examinations, Scheduled Castes/Scheduled Tribes candidates who have not acquired the general qualifying standard should also be considered for promotion provided they are not found unfit for such promotion. The qualifying standard in such examination should be relaxed in favour of Scheduled Castes and Scheduled Tribes candidates in keeping with the above criterian.</p><p style="text-align: justify;">For determining the number of vacancies to be reserved for Scheduled Castes and Scheduled Tribes in such promotions, a separate roster on the lines of the roster prescribed in Annexure-l to O.M.No.1/11/69-Est(SC7) dated 22.4.1970 (in Which points 1, 8, 14, 22, 28 and 36 are reserved for Scheduled Castes and points 4, 17 and 31 are reserved for Scheduled Tribes) should be followed.' </p><p style="text-align: justify;">Clause (a) of paragraph-2 of Chapter 9 which deals with promotions by selection within Group A (Class-l), inter alia, provides that in promotions by selection to posts within Group A (Class I) which carry salary of Rs.2,250/- per month or less, there is no reservation, but the Scheduled Castes/ Scheduled Tribes 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.</p><p style="text-align: justify;">18. Promotions by selection to Group B, within Group B and from Group B to the lowest rung in Group A (to Class II within Class II and from Class II to the lowest rung in Class I) are directed to be made by following the following instructions:-</p><p style="text-align: justify;">9.2(b)(1) Selection against vacancies reserved for Scheduled Castes and Scheduled Tribes will be made only from among those Scheduled Castes/ Scheduled Tribes Officers who are within the normal zone of consideration prescribed by DP&AR; O.M.No.22011/3/76-Estt(D) dated 24th December, 1980, where adequate number of SC/ST candidates are not available within the normal field of choice, it may be extended to 5 times the number of vacancies and the SC/ST candidates (and not any other) coming within the extended field of choice should also be considered against the vacancies reserved for them.</p><p style="text-align: justify;">(ii) If candidates from Scheduled Castes and Scheduled Tribes obtain on the basis of merit with due regard to seniority, on the same basis as others, less number of vacancies than that reserved for them, the difference should be made up by selecting the candidates of these communities who are in the zone of consideration irrespective of merit but who are considered fit for promotion.</p><p style="text-align: justify;">(iii) A select list should then be prepared in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of merit and seniority according to the general principles for promotion to selection posts laid down in the Ministry of Home . Affairs O.M.No.1/4/55-RPS dated 16th May, 1957, i.e., by placing the names in the three categories viz., 'Outstanding', Very-Good' and 'Good' in that order, without disturbing the seniority interest within each category. Such of the meritorious SC/ST candidates who are in the extended field and get selected should retain their position in the panel in accordance with their gradation by the D.P.C. This select list should, thereafter, be followed for making promotions in vacancies as and when they arise during the year.</p><p style="text-align: justify;">(iv) For determining the number of vacancies to be reserved for Scheduled Castes and Scheduled Tribes in a Select List, a separate roster on the lines of the roster prescribed in Annexure-l to O.M.No.1/11/69-Estt (SCT) dated the 22nd April, 1970 (in which points 1, 8, 14, 22, 28 and 36 are reserved for Scheduled Castes and points 4, 17 and 31 for Scheduled Tribes) should be followed. If, owing to non-availability of suitable candidates belonging to Scheduled Castes or Scheduled Tribes, as the case may be, it becomes necessary to dereserve a reserved vacancy, action should be taken in accordance with O.M.No. 36011/ 25/79-Estt.(SC7) dated 16.11.1979.</p><p style="text-align: justify;">(v) There will, however, be no carry forward or reservations from year to year in the event of an adequate number of Scheduled Caste/Scheduled Tribe candidates not being available in any particular year.</p><p style="text-align: justify;">(vi) While vacancies reserved for Scheduled Castes and Scheduled Tribes will continue to be reserved for respective community only, a Scheduled Caste Officer may also be considered for appointment against a vacancy reserved for Scheduled Tribes or vice versa, in the same year itself in which the reservation is made, where the appropriate reserved vacancy could not be filled by a Scheduled Tribe or a Scheduled Caste candidate as the case may be.</p><p style="text-align: justify;">(vii) Although in such promotions, there is no carry forward of reservations from year to year vide sub-para (v) above, as an exception, when a vacancy falling on a reserved point in the roster is treated as unreserved due to its being the only vacancy during the year of promotion, the reservation so due against the reserved point should be carried forward to subsequent three recruitment years and the provisions of para 11.2 regarding reservation of a single vacancy in the year of carry forward will apply in such cases. Accordingly, the reservations carried forward on account of there being only one vacancy during the initial year of promotion, should be adjusted by treating the vacancy arising in the subsequent year(s) as reserved, even though there might be only a single vacancy in that subsequent year(s). xx xx xx</p><p style="text-align: justify;">19. Paragraph 9.2(c) dealing with promotions by selecting Group C and D (Class III and IV) appointments contains instructs more or less similar to instructions extracted above except to extent as below:</p><p style="text-align: justify;">'For such posts, the Select List of Scheduled Castes/Scheduled Tribes Officers should be drawn up separately to fill the reserved vacancies. Officers belonging to these classes should be adjudged separately and not along with other officers and if they are fit for promotion, they should be included in the list irrespective of their merit as compared to other officers. Promotions against reserved vacancies will be subject to the candidates satisfying the prescribed minimum standards.'</p><p style="text-align: justify;">20. Paragraph 9.3 dealing with promotions on the basis of seniority subject to fitness, which is important for our purpose, provides:</p><p style="text-align: justify;">'The principles of zone of consideration is not applicable to promotions by seniority subject to fitness. While referring proposals to the Departmental Promotion Committee for promotion on the basis of seniority subject to fitness in respect of vacancies expected to arise during a year, the following procedure should be followed to give effect to the reservations mentioned above.</p><p style="text-align: justify;"> (i) A separate 40 point roster to determine the number of reserved vacancies in a year should be followed on the lines of the roster prescribed in Annexure-l to the Ministry of Home Affairs O.M.No,1/11/69-Estt (SCT) dated the 22nd April, 1970, in which points 1, 8, 14, 22, 28 and 36 are reserved for Scheduled Castes and points 4, 17 and 31 are reserved for Scheduled Tribes,</p><p style="text-align: justify;">(ii) Wherever according to the points in the roster there are any vacancies reserved for Scheduled Castes and Scheduled Tribes separate lists should be drawn up of the eligible Scheduled Castes or the Scheduled Tribes officers, as the case may be arranged in order of their inter-se seniority in the main list.</p><p style="text-align: justify;">(iii) The Scheduled Castes and Scheduled Tribes Officers should be adjudged by the Departmental Promotion Committee separately in regard to their fitness.</p><p style="text-align: justify;">(iv) When the Select Lists of Officers in the general category and those belonging to Scheduled Castes and Scheduled Tribes have been prepared by the Departmental Promotion Committee, these should be merged into a combined Select List in which the names of all the selected officers, general as well as those belonging to Scheduled Castes and Scheduled Tribes, are arranged in the order of their inter se seniority in the original seniority list of the category or grade from which promotion is being made. This combined select list should thereafter be followed for making promotions in vacancies as and when they arise during the year.</p><p style="text-align: justify;">(v) If the number of eligible candidates belonging to Scheduled Castes/Scheduled Tribes found fit for promotion fails short of the number of vacancies reserved for either of them during the year, action for dereservation should be taken in accordance with O.M.No.36011/ 25/79-Estt (SCI) dated 16th November, 1979, subject to the reservation being carried forward to three subsequent recruitment years and exchange of vacancies between Scheduled Castes and Scheduled Tribes in the final year of carry forward.' </p><p style="text-align: justify;">21. It is not in dispute that the petitioner-2 being Clerk in the Bank of respondent-1 is of Scheduled Caste and was due for promotion, but his case was not considered as he was not within the zone of consideration. As to the mode of promotion whether it is by selection or by seniority subject to fitness, there is dispute, According to the petitioners, it is promotion by seniority subject to fitness while, according to respondent-1, it is by selection. But, one thing is clear, respondent-1 has in clear terms admitted in the counter that it was a promotion by seniority subject to fitness though he contended subsequently that it was a promotion by selection. Assuming for the purpose of argument that it was a promotion by selection, according to paragraph 9.2(v), there shall not be any carry forward of reservations from year to year in the event of adequate number of Scheduled Castes/Scheduled Tribes candidates not being available in any particular year. Therefore, the contention on behalf of respondent-1 that because adequate number of Scheduled Caste/ Scheduled Tribes candidates was not available in the year 1985, the vacancies were carried forward and in subsequent years, those vacancies were filled up by promoting Scheduled Castes/Scheduled Tribes candidates was unsustainable, the action so taken being illegal. Even it is not the case of respondent-1 that a Scheduled Tribes candidates was promoted to the vacancy reserved for Scheduled Tribe or vice versa as is provided in paragraph 9.2(b)(vi) of the Brochure. Nothing is done.</p><p style="text-align: justify;">22. Coming to the instructions provided under paragraph 9.3 of the Brochure relating to promotions on the basis of seniority subject to fitness, the principles of zone of consideration are not applicable to promotions of this kind. According to the instructions under this paragraph, when the matter of promotions is taken into consideration, the competent authority is required to reserve the vacancies according to the roster system for Scheduled Castes and Scheduled Tribes first and then to prepare separate lists of eligible candidates in that categories and those candidates should be adjudged by the Departmental Promotion Committee separately in regard to their fitness independent of the candidates of other categories. This is what the Brochure says in paragraph-9 of Chapter-6 with regard to separate interview of Scheduled Castes and Scheduled Tribes candidates:</p><p style="text-align: justify;">'For reserved vacancies, interview of Scheduled Castes and Scheduled Tribes candidates should be held on a day or sitting of the Selection Committee other than the day or sitting on which general candidates are to be interviewed so that the Scheduled Castes and Scheduled Tribes candidates are not judged in comparison with general candidates and the interviewing authority/Board is/are prominently aware of the need for judging the Scheduled Caste/Scheduled Tribe candidates by relaxed standards.</p><p style="text-align: justify;">23. Chapter-8 of the Brochure of 1988 deals in paragraph 8.1 with safeguards against supersession of SC/ST in promotion. It says;</p><p style="text-align: justify;">'In posts filled by promotion (by selection or on the basis of seniority subject to fitness) wherever the orders regarding reservation apply vide para 3.12 and 8.1(b), (c) and 8.2 in regard to cases where eligible Scheduled Castes/Scheduled Tribes candidates, though available, are not appointed/selected for the reserved vacancies, the appointing authorities should submit such cases to the Board of Directors in case of Officers' cadre and to Chief Executive in case of clerks for information and for taking such necessary action as it may deem fit.</p><p style="text-align: justify;">8.2.2 The Departmental Promotion Committees/Selection Committees/Selection Boards may evolve their own criteria for assessing the suitability for promotion keeping in view the requirements of the job and the capacity of the Officers) to adequately perform the job. However, before any SC/ST Officer is considered 'Unfit promotions', the Departmental Committee/ Selection Committee may satisfy itself that the concerned officer had been advised about his unsatisfactory performance and that his explanation/representations, if any against this had been considered by the appropriate authorities.</p><p style="text-align: justify;">24. Respondent-1 has nowhere stated muchless produced an iota of evidence to show that he reserved the vacancies, at the time of promotions under Annexure-A, for Scheduled Castes and Scheduled Tribes, prepared separate lists of them, conducted separate interview for them and, on finding them to be unfit for promotion, took action to report the matter to the competent authority to consider their representations on the advice about their unsatisfactory performance. The contention urged on behalf of respondent-1 in this behalf, that only one candidate belonging to Scheduled Caste was within the zone of consideration, therefore he was promoted, is illogical and cannot be sustained in the absence of proof.</p><p style="text-align: justify;">25. Regarding the applicability of the Circular instructions issued by the Government of India in matter of promotions to employees working in the Banking institutions, respondent-1 was not right in contending in paragraph-6 of the counter that the Official Memorandum dated 16.2.1982 dealing with promotions by seniority subject to fitness is not applicable to promotions from the Cadre of Clerks, though he stated in the preceding paragraph that it was applicable. It is needless to say that the instructions contained in the Brochure are issued from time to time by the Government of India in order to discharge the Constitutional mandate and every authority coming within the meaning of Article 12 of the <a href="/act/51737/constitution-of-india-complete-act">Constitution of India</a> shall carry out such instructions and failure to comply with such instructions amounts to violation of Articles 14 and 16 of the Constitution resulting in the action of such authority being vitiated.</p><p style="text-align: justify;">26. That apart, reservation is also applicable to promotions by selection to posts within Group 'A' as provided in paragraph 9 of the Brochure and the departmental authorities under the State are duty bound to follow the administrative instructions issued from time to time in that regard to promote with special care the educational and economic interests of the Scheduled Castes and Tribes and to protect them from social injustice and all forms of exploitation and on failure to comply with such instruction, the Court may issue directions to carry out such instruction, even though it is non-statutory, (please see Comptroller v. Jagannathan, : [1986]2SCR17 . The Supreme Court in the case of Bihar State Harijan Kalyan Parishad interpreting Paragraph-9 of the Brochure with reference to Articles 309 and 335 of the Constitution held in paragraphs 2 and 3 as follows-</p><p style="text-align: justify;">'The rule of 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, but that the procedure is slightly different than in the case of other posts. While the rule of reservation applies to promotions by selection to posts within Group 'A' carrying a salary of Rs. 2,250/- per month or less, it is prescribed that only those Officers belonging to the Scheduled Castes and Scheduled Tribes will be considered for promotion, who are senior enough to be within the zone of consideration. The Select List depending upon the number of vacancies would be drawn up in which would also be included those officers belonging to the Scheduled Castes and Scheduled Tribes who are not considered unfit for promotion. Their position in the Select List would be that assigned to them by the Departmental Promotion Committee on the basis of the record of service. In other words, their inclusion in the Select List would not give them seniority, merely by virtue of their belonging to the Scheduled Castes and Scheduled Tribes over other Officers placed above them in the Select List by the Departmental Promotion Committee.</p><p style="text-align: justify;">3. It is at once seen that the two letters are contrary to paragraph 9 of the Presidential Directive on which they purport to place reliance. Paragraph 9 of the Presidential Directive nowhere says that the rule of reservation does not apply to promotion by selection to posts within Group 'A' which carry an ultimate salary of Rs. 2,250/- per month or less. On the other hand paragraph of the Presidential Directive proceeds on the basic assumption that the rule of reservation does apply but prescribes a certain procedure to be followed, a procedure different from the usual procedure adopted in filling up posts reserved for Scheduled Castes and Scheduled Tribes. It is indeed a matter of surprise to us that the Ministry of Steel and Mines has chosen to place such an interpretation on paragraph 9 of the Presidential Directive. The stand taken by them in the letter dated April 8, 1984 is reiterated in paragraph 5 of the counter affidavit filed on behalf of the Union of India. No explanation has been given in the counter affidavit for what appears to us to be a plain volte face. We have no option, but to quash the letters dated April 8, 1982 and August 19, 1982 above extracted by us and to direct the respondents to give effect to paragraph 9 of the Presidential Directive with effect from the date of the Directive. We have set out our interpretation of the Presidential Directive and effect will be given to the Presidential Directive in the manner interpreted by us. We also wish to make it clear that the classification of posts will be on the same lines as mentioned in paragraph 2 of the Presidential Directive. The Writ Petition is allowed with costs.' </p><p style="text-align: justify;">27. In the light of the above observations of the Supreme Court, respondent-1 ought to have considered those candidates belonging to Scheduled Castes and Scheduled Tribes who were eligible for being considered except those who were unfit for promotion and drawn up a select list. The case of the petitioners is that no opportunity was given petitioner-2 and other Scheduled Castes and Scheduled Tribes Clerks of promotion though they were eligible for being considered. On the other hand, the stand taken by respondent-1 is that only one S.C. candidate was eligible for being considered for promotion as against 74 vacancies and accordingly he was promoted. It is not his case that candidates belonging to Scheduled Castes and Scheduled Tribes were called for interview in the ratio of 1:4 as against 11 vacancies of S.C. and 6 vacancies of ST., reserved as against 74 vacancies at 15% and 7 1/2% respectively and were found to be unfit for promotion, their eligibility having been considered. On the other hand, except one person belonging to Scheduled Caste none from either Scheduled Castes and Scheduled Tribes were considered for promotion keeping in view the instructions in the Brochure. Therefore, non-compliance of the instructions resulted in violation of Articles 14 and 16 of the Constitution.</p><p style="text-align: justify;">28. The contention of Sri Ramadas, learned Counsel for respondent-1 that subsequently, however, upto 1990 a large number of persons belonging to Scheduled Castes and Scheduled Tribes were considered for the purpose of promotion to the posts reserved in accordance with the instructions in the Brochure is not the answer to the question Before Court, inasmuch as when 74 vacancies were filled up under Annexure-A on 16.12.1985, respondent-1 failed to consider the case of petitioner-2 and other similar persons for promotion from clerical cadre to Junior Management Cadre Scale-l according to roster system provided for Scheduled Castes and Scheduled Tribes in the Circular instructions issued by the Government of India.</p><p style="text-align: justify;">29. Subsequent to the Decision in Bihar State Harijan Kalyan Parishad, the Supreme Court had occasion to consider similar question in SYNDICATE BANK SCHEDULED CASTES & SCHEDULED TRIBES EMPLOYEES ASSOCIATION (Regd) THROUGH ITS GENERAL SECRETARY SHRI. K.S.BADLIA AND ORS. v. THE UNION OF INDIA, THROUGH ITS ADDL. SECRETARY, MINISTRY OF FINANCE (DEPARTMENT OF ECONOMIC AFFAIRS), BANKING DIVISION, JEEVAN DEEP BUILDING, PARLIAMENT ST. NEW DELHI, : (1990)IILLJ354SC . Considering the various contentions at length urged on both sides, the Supreme Court disposed of W.P. No. 847 of 1987 on 10,8.1990 with the following order.</p><p style="text-align: justify;">'In the result, this petition is allowed. The order of the respondents dated 15th June, 1987 and 25th June, 1987 are declared as illegal. It is further decided that though Group A posts are Selection posts, still the reservation policy is applicable to such posts and the respondents are directed to compute the backlog of unfilled reserved quota available to the SC/ST Officers in the promotional posts with effect from 1.1.1978, the date of introduction of reservation policy in the respondent bank. The respondents are further directed to grant promotion to the SC/ST employees of the Syndicate Bank with all consequential benefits of salary and allowances from the respective date with effect from which they should have been promoted, after applying the roaster system in their favour. We grant three month's time to carry out these directions.'</p><p style="text-align: justify;">Thereafter, the respondents viz., Union of India and the Bank filed Review Petitions Nos. 592 and 608 of 1990 against the judgment in the above case and the Supreme Court dismissed the Review Petitions as not pressed.</p><p style="text-align: justify;">30. Thus, viewed from these circumstances, it is clear in the mind of the Court that promotion of 74 persons under Annexure-A and Annexure-II impugned herein without following the roster system provided for promotion of Scheduled Castes and Scheduled Tribes candidates cannot be sustained and the same is liable to be quashed for non-compliance of mandatory requirement of Articles 14 and 16 of the Constitution. Sri Ramadas, learned Counsel for respondent-1 has not been able to convince the Court to take a different view.</p><p style="text-align: justify;">31. In the result and for the reasons stated above, I make the following</p><p style="text-align: justify;">',
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LAW: Circular, Constitution, Article 32, Chapter 9 provides:'9.1 Promotion, Chapter 9, Article 12 of the Constitution of India, Constitution, Constitution, Constitution

ORG: ORDERM, the All India Vijaya Bank SC/ST Employees Association, Vijaya Bank, the Union of India, Bank, the Junior Management Cadre, the Junior Management, SC, the Junior Management, Clerks, the Junior Management, Clerks, Qualifying service.- Employees, Clerical, clerk.c, Bank, Telephone Operators, Telex Operators, Punch Operators, the Circular Instructions, the Government of India, Brochure, Brochure on Reservations, SC, the Department of Personnel & Training, the Government of India, Circular, Scheduled Castes, the Selection Committee, SC, SC, SC, SC, Statement of Objections, the Writ Petition, SC, Vijaya Bank Employees' Association, Vijaya Bank Workers' Organisation, SC, Bank, SC, SC, the Government of India, SC, SC, SC, Union of India, Court, Statement of Objections, S.C.Candidate, the Government of India, Circular, SC/ST, Bank, SC/ST, SC/ST, Bank, SC/ST, Officers, SC/ST, Bank, SC, Bank, SC/ST, Bank, Junior Management Grade Scale-l, the Writ Petition, All India Vijaya Bank SC/ST Employees Association, the Decision of the Supreme Court, AKHIL, ASST, ASSOCIATION, UNION OF INDIA, Circular, the Government of India, Brochure, Circular, K. Nagappayya, the Decision of the Supreme Court, UNION OF INDIA, the Supreme Court, the Review Petitions, the Writ Petition, All India Vijaya Bank SC/ST Employees Association, Association, Association, the Decision of the Supreme Court, Akhil Bharatiya Soshit, the Supreme Court, Court, the Supreme Court, the Union of India, Association, Annexure-A.17, the Government of India, Learned Counsel, the Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel, the Government of India, Brochure, Group A, inter alia, Group A, the Scheduled Castes/ Scheduled Tribes Officers, Group B, Group B, Group, Group A, Scheduled Castes/ Scheduled Tribes Officers, SC, SC, the Ministry of Home, Very-Good', SC, D.P.C., Select List, SCT, Group C and, the Select List of Scheduled Castes/Scheduled Tribes Officers, the Departmental Promotion Committee, the Ministry of Home Affairs, SCT, Scheduled Tribes,(ii, the Departmental Promotion Committee, the Select Lists of Officers, the Departmental Promotion Committee, Select List, Scheduled Castes/Scheduled Tribes, SCI, Bank, Scheduled Castes/Scheduled Tribes, Brochure, Brochure, the Departmental Promotion Committee, Brochure, Chapter-6, the Selection Committee, the Brochure of 1988, SC/ST, the Board of Directors, The Departmental Promotion Committees/Selection Committees/Selection Boards, SC/ST Officer, the Departmental Committee/ Selection Committee, Circular, the Government of India, Brochure, the Government of India, Group, Brochure, State, Court, The Supreme Court, Brochure, Group, Group, Select List, the Select List, the Departmental Promotion Committee, the Select List, the Departmental Promotion, the Presidential Directive, Group, Presidential Directive, the Ministry of Steel, the Union of India, the Presidential Directive, the Presidential Directive, the Supreme Court, Brochure, Brochure, Circular, the Supreme Court, SYNDICATE BANK, THE UNION OF INDIA, SECRETARY, MINISTRY OF FINANCE (, DEPARTMENT OF ECONOMIC AFFAIRS, PARLIAMENT ST, the Supreme Court, W.P. No, Group, SC, the Syndicate Bank, Union of India, Bank, the Supreme Court, the Review Petitions, Court, Scheduled Castes, Court

NORP: J.1, Clerks, Clerks, Anglo-Indian, Indians

CARDINAL: two, 1, 2, two, four, 1, 5, 74, 11, six, 74, four, 296, four, 74, 16, two, 1:4, 1:4, 74, 16.2.1982, 1:4, 16.2.1982, only one, 74, 11, 6, 296, 74, 40, 23, 180, 90, 180, 90, 41, 90, 78, 156, 23, 11, 16, 7, 3, 15, 7, 22, 2, only 8, 1981)ILLJ209SC, 1985)IILLJ173SC, 74, 1, 4, 5, three, 1, 4, 16.11.1979.(v, three, 11.2, 9.3, 40, 1, 4, 25/79, three, one, 9.2(v, 9.2(b)(vi, 9.3, 8.1, 3.12, 8.2, only one, 16.2.1982, 16, 9, 1986]2SCR17, 335, 2, 3, two, 9, 9, 9, 5, 9, 2, 27, 74, 1:4, 11, 6, 74, one, 16, 74, 1990)IILLJ354SC, 847, 10,8.1990, 1.1.1978, 592, 608, 74, 16

PERSON: Sri D.Narayana, Sri K.Nagappayya, Bangalore, Cadre Scale-l, Cadre Scale-l, Cadre Scale-l, Cadre Scale-l, clerk.b, CAIIB, Clerk, Stenographers, Banks, Tribes, Circular No.197/85, Articles 14, Grade-ll, Scheduled Caste, them.12, Sri Kamalaksha Rao, Sri Sridhar, ON BEHALF, Scheduled Caste, Sri Sridhar, Cadre Scale-l, Sri Ramadas, Sri Ramadas, Sri D.Narayana, Sri Ramadas, Karmachari Sangh's, Sri Ramadas, Tribes, xx xx xxIn, Tribes, xx xx, Clerk, Officers, Scheduled Caste, Articles 14, Tribes, Comptroller, Jagannathan, Bihar State, Harijan Kalyan, Articles 309, Scheduled Caste, Articles 14, Sri Ramadas, Cadre Scale-l, JEEVAN DEEP BUILDING, Articles 14, Sri Ramadas

DATE: 197/85, 16.12.1985, 17.6.1982, 25.7.1985, 25.7.1985, 16th June, 1982, 17.6,1982, 4 years, 5 years, less than 3 year, 1985, 1980 to 1984, a day, the day, 1985, 17.6.1982, 25.7.1985, December, 1985, the year 1980-84, the next three years, 26.3.1991, 28.11.1986, the years 1984, 1985 and, 1987, each year, 1986, the year 1988, the year 1988, the year 1988, 1988, 1984, 1989, 1989, 8, the year 1990, 1991, 1.12.1988, 1990, paragraph-63, the 1st, 22.4.1970, 8, 14, 22, 28, 36, 17, 31, Rs.2,250/- per month or less, 24th December, 1980, 16th May, 1957, the 22nd April, 1970, 8, 14, 22, 28, 36, 17, 31, year, the same year, year, year, the year, the year, the initial year, a year, a year, the 22nd April, 1970, 8, 14, 22, 28, 36, 17, 31, the year, 16th November, 1979, years, the final year, 21, year, any particular year, the year 1985, subsequent years, the day, 2,250/- per month or less, 2,250/- per month or less, 2,250/- per month or less, April 8, 1984, April 8, 1982, August 19, 1982, 1990, 16.12.1985, 1987, 15th June, 1987, 25th June, 1987, three month's, 1990

ORDINAL: first, second, second, second, first, first, first

PERCENT: 75%, the remaining, 35%, 15% and 7 1/2%, 25%, 40%, 35%, 35%, 50%, only 15%, 7.5%, 50%, only 15% and 7.5%, 50%, 15% and 7 1/2%, 15% and 7 1/2%

TIME: 1:4 i.e.

LOC: the Scheduled Castes, Scheduled Castes, Settlement, Scheduled Castes, Scheduled Castes, Scheduled Castes, Scheduled Castes, Scheduled Castes, Scheduled Castes, the Scheduled Castes

GPE: ST, Services, S.C., S.C., ST, S.C., ST, ST, Counsel, BIHAR STATE, Counsel, Courts, New Delhi, S.C., S.C., ST, NEW DELHI

PRODUCT: Memorandum, Memorandum

MONEY: 15 marks, 25/79-Estt.(SC7

WORK_OF_ART: Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services', Seventh Edition, Scheduled Castes, Scheduled Caste/Scheduled Tribe, Scheduled Castes, Scheduled Castes, The Scheduled Castes, Scheduled Caste, Scheduled Caste/ Scheduled Tribes, Castes/Scheduled Tribes, the Scheduled Castes, the Scheduled Caste/Scheduled Tribe, Scheduled Castes/Scheduled Tribes, Officers, Officers, the Scheduled Castes, the Scheduled Castes, the Scheduled Castes, Scheduled Castes, Scheduled Castes

EVENT: Class II

FAC: the Cadre of Clerks, Constitutional