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
"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
Accepting the plea of Kumari, the Tribunal said the
government wrongly applied the instructions laid down in the
"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."