Decided on March 22,2007

Union Public Services Commission Appellant
Sanjeev Kumar and Ors. Respondents


Mukul Mudgal, J. - (1.) RULE DB. With the consent of the learned Counsel for the parties, the writ petition is taken up for final hearing.
(2.) THIS writ petition filed by the UPSC challenges the judgment of the Central Administrative Tribunal (in short 'CAT'), Principal Bench, New Delhi dated 8th August, 2003 in OA No. 3347/2002. The said OA arose on account of the respondents No. 1 to 3 herein filing the said OA praying for the following relief: A. That the Respondents (UPSC) be directed to produce the original records of vacancies relating to the LDCE -2000 for the perusal of this Hon'ble Tribunal. B. That the impugned O.M. Dated 24.10.2002 issued by the Respondent No. 1 (UOI through DOPT) be quashed and set aside to the extent that backlog reserved vacancies are to be filled in the year 2001 instead of the year 2000, as illegal, arbitrary and discriminatory and the respondents be directed to consider the case of the applicants for promotion on the basis of and as part of the LDCE -2000 and taking into account the backlog vacancies of previous years during the year 2000. C. Pass any such other or further order or direction as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case. The facts which have been succinctly stated by the Tribunal in the impugned judgment and are not disputed by either of the parties, read as follows: 3. The brief facts of the case are that Central Secretariat Services (hereinafter called as "CSS") comprising of Assistants and Section Officers' Grades are decentralised into 33 cadres comprising of one or more Ministries/Departments. The Department of Personnel & Training (hereinafter called as "DoPT"), being a nodal authority, coordinating the process of appointment but seniority in these two grades is maintained cadre -wise by the respective cadre controlling authorities. It is for these authorities to report number of vacancies in these grades to be filled through direct recruitment/promotion. The mode of promotion is 20% direct recruitment 40% promotion quota on seniority -cum -fitness and 40% regarding Assistants of CSS and Steno. Gr. 'C' of CSSS through Limited Departmental Competitive Examination (hereinafter called as "LDCE") conducted by UPSC. up to the year 1996 the group up of vacancies, category -wise, was done by DoPT centrally on the basis of indent for vacancies reported by 33 cadre authorities. The SC/ST vacancies to be filled on the basis of LDCE -1996, were worked out by the DoPT and reported to UPSC as per vacancy based roster. In view of the replacement of vacancy base roster with post based roster, separate reservation rosters were to be maintained by each of 33 cadres for direct recruitment and promotion quotas. These vacancies are reported to DoPT by cadre authorities giving break up of vacancies. Based on these indent of vacancies, DoPT coordinate the process of recruitment/promotion with UPSC. From 1997 to 1999 onwards due to instructions of the DoPT's OM dated 22.7.1997 withdrawing the provisions relating to concession/relaxation in the matter of qualifying marks/standards belong to SC/ST categories, these candidates could not qualify on the basis of uniform standards. However, pursuant to Constitution (Eighty Second Amendment) Act, 2000, vide OM dated 3.10.2000, provision for relaxation/concession in the matter of promotion for candidates belong to SC/ST, by way of lower qualifying marks/lesser standards of evaluation, was restored.
(3.) FROM 1997 to 1999 no vacancies reserved for SC category for LDCE could be filled and this had created backlog of 7 vacancies for SC category which were forwarded to the year 2000.;

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