`SCs/STs for open seats be treated as general`
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Last Updated: Saturday, May 29, 2010, 00:34
  
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."

PTI


First Published: Saturday, May 29, 2010, 00:34


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