SWAPAN CHANDRA SHIL Vs. UNION OF INDIA
LAWS(TRIP)-2019-2-48
HIGH COURT TRIPURA
Decided on February 26,2019

Swapan Chandra Shil Appellant
VERSUS
UNION OF INDIA Respondents




JUDGEMENT

S.TALAPATRA,J. - (1.)Heard Mr. B. Majumder, learned CGC appearing for the review-petitioners as well as Ms. R. Purakayastha, learned counsel appearing for the petitioner-respondents in Review Pet. No. 03 of 2019 [The Union of India and Others v. Swapan Ch. Shil], Review Pet. No. 04 of 2019 [The Union of India and Others v. Sajib Roy], Review Pet. No. 05 of 2019 [The Union of India and Others v. Biplab Rudra Paul] and Review Pet. No. 06 of 2019 [The Union of India and Others v. Apu Baishya]. Those review petitions are consolidated for disposal by a common judgment and order. It is to be noted that the order dtd. 12/10/2018 which has been sought to be reviewed is a common order by which the writ petitions have been disposed of.
(2.)By means of this review petition, the judgment and order dtd. 12/10/2018 has been urged to be revisited inasmuch as this court had occasion to observe as under:
"But admittedly, the respondents have not considered the petitioners under the UR category, even though it clearly transpires from the records that all the petitioners had secured more marks or equal marks in some of the forces in comparison or in relation to the candidate who was last selected one. From the table, it has been clearly borne out that the last UR candidate got 42 or 46 but the petitioners despite obtained the same or higher marks were not considered under the UR category."

The respondent-petitioners has asserted that in the employment notification it is provided that those who have been given relaxation in age or qualification, they will not be considered in the UR category. This court had finally directed the respondents (the review petitioners) to consider all the petitioners for recruitment in the post of Constable (GD) under UR category by creating 4(four) supernumerary posts, if vacancies are not available. On consideration, the petitioners shall be given the appointment from the date when the last UR candidate was recruited, but they will not get any financial benefit till they resumed the duty. From the date of their assumption of duty, they will be entitled to all financial benefits, but the benefits be notionally fixed from the date of appointment as would be made in compliance to this direction. The entire exercise was asked to be completed within a period of 3(three) months from the date when the petitioners shall submit a copy of the order to the respondents.

(3.)Mr. B. Majumder, learned C.G.C. appearing for the review petitioner has at the outset submitted that the respondents have not preferred any appeal and they have preferred this review petition to bring to the notice of this court that it is policy of the Government of India as reflected in the office memorandum No. 36011/1/98-Estt.(Res) dtd. 1/7/1998 [Annexure-4 to the petition] in respect of not treating the reserved category candidates who are given exemption under the UR category on their merit. The said office memorandum, for purpose of reference, is extracted in full:
"No. 36011/1/98-Estt.(Res)

Ministry of Personnel, P.G. and Pensions

Department of Personnel and Training

New Delhi dtd. 1/7/1998

OFFICE MEMORANDUM

Subject : Relaxations and concessions for SCs and STs clarification regarding.

The undersigned is directed to refer to this Department's O.M. No. 36012/13/88-Estt.(SCT) dated May 22, 1989 and to clarify that the instructions contained in the C.M. apply in all types of direct recruitment whether by written test alone or written test followed by interview or by interview alone.

2. O.M. dated May 22, 1989 referred to above and the O.M. No. 36012/2/96-ESTT(RES) dated July 2, 1997 provide that in cases of direct recruitment, the SC/ST/OBC candidates who are selected on their own merit will not be adjusted against reserved vacancies.

3. In this connection, it is clarified that only such SC/ST/OBC candidates who are selected on the same standard as applied to general candidates shall not be adjusted against reserved vacancies. In other words, when a relaxed standard is applied in selecting an SC/ST/OBC candidates for example in the age limit, experience qualification, permitted number of chances in written examination, extended zone of consideration larger then what is provided for general category candidates etc. the SC/ST/OBC candidates are to be counted against reserved vacancies. Such candidates would be deemed as unavailable for consideration against unreserved vacancies.

Not illegible

(J. Kumar) Under Secretary to the Govt. of India"



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