2009 (1) TMI 937 - SC - Indian Laws

Summary

Issues involved:
The judgment involves issues related to the appointment process for the post of Postman/Mail Guard, consideration of candidature based on reservation categories, entitlement of Scheduled Caste member to lower percentage of marks, and the delay in filing the original application.

Appointment Process and Candidature Consideration:
The respondent applied for the post of Postman/Mail Guard under the Extra-departmental candidate quota. Despite obtaining marks above 30%, he was not considered for appointment. The Central Administrative Tribunal dismissed his application citing lack of qualification in the written test and interview. The High Court initially dismissed the writ petition based on limitation grounds but later allowed it upon review, emphasizing the respondent's entitlement as a Scheduled Caste member.

Reservation Categories and Entitlement:
The High Court recognized the respondent's status as a Scheduled Caste member and upheld his entitlement to the benefit of lower marks percentage for promotion. The notification by the Director of Postal Services affirmed the acceptance of his Scheduled Caste status for departmental examinations. The respondent's entitlement to the Scheduled Caste status in Andaman and Nicobar Islands was upheld, despite the advertisement only mentioning Scheduled Tribes and 'OC' categories.

Delay in Filing and Equitable Relief:
The delay in filing the original application was not considered a bar to granting equitable relief to the respondent. The judgment highlighted the Union of India's suppression of material facts and emphasized that the authorities' mistake in not appointing the respondent should not deprive him of the benefits he was entitled to. The judgment dismissed the appeal and directed costs to be paid.

Separate Judgment:
No separate judgment was delivered by the judges in this case.