For single post, consider promotion: Supreme Court

New Delhi: In this case, the appellant Akhilesh Kumar Singh was appointment for the post of clerk by direct recruitment in Kisan Uchchatar Madhyamic Vidyalaya, Hidra, Kanwar, Uttar Pradesh.

Respondent Basti Ram who was eligible for promotion to the clerk post was not promoted on the ground that he belonged to reserved community.

A single judge of Allahabad High Court rejected Mr Basti Ram’s claim for promotion but a division bench allowed his appeal. The present appeal is by Mr Singh, who was a direct recruit.

Dismissing the appeal, the bench said, ‘The law is eminently explicit that reservation for a single post in a cadre will keep the general members of the public in total exclusion and the question of reservation will arise when there is plurality of post in the cadre.

Needless to say that the Constitution bench has stated about the reservation with regard to the Scheduled Castes, Scheduled Tribes and Other Backward Classes. It does not lay down that if a post is meant to be filled up by promotion from amongst the employees working in the feeder cadre, it would tantamount to reservation.

Reservation is only restricted to the Scheduled Castes, Scheduled Tribes and Other Backward Classes. It does not relate to the persons serving in the feeder cadre. Therefore, if a singular post in the clerical cadre is there, it would be filled up by promotion from amongst the eligible candidates from the feeder cadre.

Adopting such a method or taking such route does not remotely touch the idea of reservation.”