http://www.expressindia.com/latest-news/No-off-setting-SCs-STs-quota--SC/624984/
No off-setting SCs/STs quota: SC
Agencies Posted: May 28, 2010 at 1727 hrs
New Delhi Scheduled Caste and Scheduled Tribe candidates qualifying
against open seats for promotion cannot be adjusted against the
vacancies earmarked for SC/ST quota, the Central Administrative
Tribunal (CAT) has held while giving relief to a Delhi Police woman
constable.
"The official memorandum dated July 2, 1997 has to be applied for
reservation to SC/ST category candidates who achieve merit of general
category have to be deemed as general category candidates and this
quota would not be counted towards reservation.
"If it is so, because of non-following of the aforesaid (memorandum)
the fundamental right of the applicant to be considered as a SC
category candidate fairly and equitably for promotion has been
applied. The action of the respondents cannot be countenanced," the
Tribunal bench, comprising Members Shanker Raju and S P Singh, said.
The CAT passed the order on a petition of a woman constable Krishna
Kumari seeking direction to the Delhi Government to consider her
candidature for promotion to the post of Head Constable.
She submitted that she was eligible for consideration as she held
eighth position against 15 vacancies earmarked for the category.
Accepting the plea of Kumari, the Tribunal said the government wrongly
applied the instructions laid down in the official memorandum.
"In our considered view, the government has misapplied the
instructions to fill up the quota of SC/ST from the candidates
belonging to that respective category even if they have achieved the
merit on a par with general category candidates," the Tribunal said.
Earlier, the government contended that the vacancies meant for SC/ST
have been utilised by those despite merit obtained by them at par with
the general category.
While rejecting its contention, the Tribunal said, "The case of Kumari
for promotion in promotion list A against SC quota on the basis of the
selection of the year 1999 shall be considered and in the event she is
otherwise qualified, consideration for promotion shall be accorded to
her from the date juniors have been promoted."
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