No reservation for unqualified persons: SC
The Supreme Court has held that benefit of reservations can not be extended to those not fufilling minimum qualifications for the post as laid down by the Constitution of India.
The ruling handed down by a bench comprising Justices SB Sinha and PP Naolekar on Thursday said that even the Chief Minister of the state as well as the Principal Secretary, Labour themselves did not possess any authority to make any relaxation in the minimum eligibility conditions.
While setting aside the Allahabad high court judgment dated May 22, 2000 dismissing the writ petition filed by the appellant here in RS Garg challenging the promotion granted to the respondent no. 3 Bharti to the post of Deputy Director of Factories (Administration) from reserved category of SC/STs, the apex court imposed a total cost of Rs 50,000 on the respondents, which include state of Uttar Pradesh and others to be paid to the appellant as cost of litigation throughout.
Both the appellant and the respondent no. 3 were appointed as assistant directors of factories on or about Jan 3, 1972 and Jan 17, 1987 respectively.
The appellant who was appointed through Public Service Commission was confirmed on May 13, 1978 while Bharti was regularised without going through the selection process as per 1992 rules.
The post of Dy Director of Factories (Chemical) was converted to the post of Dy Director (Admn) under the orders of the then Chief Minister Mayawati without concurrence of the finance department and Bharti was promoted vide impugned order dated May 24, 1997 from reserved category quota.
Surprisingly the whole process was initiated on the representation made by Prem Lata alleging that her husband was being victimised as he belonged to SC and was not being promoted.