- (1.) Leave granted. We have heard counsel on both sides.
(2.) This appeal by special leave arises from the order of the Central Admn. Tribunal, Ernakulam Bench made on March 8, 1996 in O.A. No. 157/96.
(3.) The admitted position is that for the recruitment of Junior Telecom Officers 15% of the posts have been reserved in the matter of recruitment by promotion. Out of 54 posts that were available under that quota, 43 posts were reserved for general candidates, 9 posts for Scheduled Castes and 4 posts for Scheduled Tribes. The result of the said competitive examinations conducted for promotion, was declared on February 3, 1995. Some of the candidates belonging to the Scheduled Castes and Scheduled Tribes did not reach the requisite standard in securing the marks for promotion. Therefore, they were not qualified for appointment by promotion. Subsequently, a Review Committee was constituted which had gone into the merits of the Scheduled Castes and Scheduled Tribes candidates and their selection was made by proceedings dated June 23, 1995 and appointments were made. The respondents have challenged their promotion on the ground that the Government is devoid of such power. Accepting their contention the Tribunal has held that the Government could carry forward the vacant posts for future recruitment, but could not review the selection and make the appointments. The question is whether the view taken by the Tribunal is correct is law;