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Prithvi Raj Singh v. State Of M.P. And Ors.
Factual and Procedural Background
The petitioner, a Safai Daroga working in Nagar Panchayat, Kymore, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash an order dated 5-8-1999 that sanctioned one post of Sanitary Inspector but directed that it be reserved for members of the Scheduled Caste. The petitioner also challenged a communication dated 21-1-1999 instructing that the post be filled by Scheduled Caste members. The petitioner asserted that there is only one Sanitary Inspector post, a fact not denied by respondent No. 3 and unchallenged by respondents 1 and 2 who did not file returns. The matter proceeded with limited participation from the respondents.
Legal Issues Presented
- Whether a single post of Sanitary Inspector can be reserved for members of the Scheduled Caste.
- Whether reservation by direct allocation or by rotation of roster point is permissible in the context of a single post.
Arguments of the Parties
Petitioner's Arguments
- The single post of Sanitary Inspector cannot be reserved for Scheduled Caste members.
- Reservation in a single post, directly or by rotation of roster, effectively excludes general category candidates entirely, which is impermissible.
- Relied on the Constitutional Bench decision of the Supreme Court in P.G. Institute of Medical Education and Research v. Faculty Association, AIR 1998 SC 1767, emphasizing that reservation in a single post leads to total exclusion of general category candidates, contrary to constitutional principles.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| P.G. Institute of Medical Education and Research v. Faculty Association, AIR 1998 SC 1767 | Reservation in a single post or cadre by rotation is impermissible as it leads to total exclusion of general category candidates. | The court accepted the principle that reservation cannot apply to a single post as it would result in exclusive reservation for backward classes, violating constitutional fairness. |
Court's Reasoning and Analysis
The court accepted the uncontested fact that there is only one post of Sanitary Inspector in the Nagar Panchayat. It relied on the binding precedent from the Constitutional Bench of the Supreme Court which held that reservation in a single post, whether direct or by rotating roster points, effectively excludes general category candidates entirely. This exclusion is not permissible under the constitutional framework. Applying this legal principle, the court found the State Government's order and related communication directing reservation of the single post for Scheduled Caste members unsustainable. Consequently, the impugned orders were quashed.
Holding and Implications
The writ petition is allowed. The court set aside the order dated 5-8-1997 and the communication dated 21-1-1999 insofar as they directed reservation of the single post of Sanitary Inspector for Scheduled Caste members. There was no order as to costs.
The decision directly affects the parties by invalidating the reservation order for the single post but does not establish any new precedent beyond affirming existing constitutional principles on reservation in single-post cadres.
1. Petitioner is Safai Daroga, working in Nagar Panchayat, Kymore. By this writ petition filed under Articles 226 and 227 of the Constitution of India, he prays for quashing of the order dated 5-8-1999 (Annexure P-8) whereby while sanctioning one post of Sanitary Inspector it has been directed that the same shall be reserved for the members of the Scheduled Caste. Further prayer made by the petitioner is to quash the communication dated 21-1-1999 (Annexure P-15) in which respondent No. 2 has communicated to respondent No. 3 that the post of Sanitary Inspector be filled by the members of the Scheduled Caste,
2. In spite of service of notice on respondents 1 and 2, although Shri Ajay Raizada appears on their behalf, but no return has been filed. Return has been filed on behalf of respondent No. 3.
3. It is the stand of the petitioner that the post of Sanitary Inspector being single post, cannot be reserved for the members of the Scheduled Caste. Assertion made by the petitioner that there is only one post of Sanitary Inspector has not been denied in the return filed by respondent No. 3. No return has been filed by respondents 1 and 2, hence assertion made by the petitioner that there is single post of Sanitary Inspector in Nagar Panchayat has to be accepted.
4. Mr. Maindiretta appears on behalf of the petitioner and submits that single post cannot be reserved either directly or by device of rotation of roster point. In support of his submission he has placed reliance on a Constitutional Bench of the Supreme Court in the case of P.G. Institute of Medical Education and Research v. Faculty Association, AIR 1998 SC 1767. He has drawn my attention to the following passage :--
"In a single post cadre, reservation at any point of time on account of rotation of roster is bound to bring about a situation where such single post in the cadre will be kept reserved exclusively for the members of the backward classes and in total exclusion of the general members of the public. Such total exclusion of general members of the public and cent per cent reservation for the backward classes is not permissible within the constitutional framework. The decision of this Court to this effect over the decades have been consistent."
5. There being no controversy that the post of Sanitary Inspector is the only post in the cadre, same cannot be reserved for the members of the Scheduled Caste. In that view of the matter, that portion of the order of the State Government dated 5-8-1997 (Annexure P-8) whereby it has directed for reservation of the post of Sanitary Inspector for the members of the Scheduled Caste cannot be sustained so also the communication in that regard in letter dated 21-1-1995 (Annexure P-15).
6. In the result, writ petition is allowed. Order dated 5-8-1997 as also communication dated 21-1-1999 so far as it directs for reservation of one post of Sanitary Inspector for the members of the Scheduled Caste, is set aside. In the facts and circumstances of the case, there shall be no order as to cost.
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