9911796707
TMI Blog1999 (3) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... percentage of reservation has always to be worked out in relation to the number of posts which formed the cadre strength and the said reservation is not to be made with reference to a vacancy. Since the law in regard to the above stated position was nebulous, a Constitution Bench of this Court in the case of R K Sabharwal Ors. v. State of Punjab Ors. (1995 2 SCC 745) settled the said issue holding that such reservation is in relation to the number of posts comprising in the cadre and not in relation to vacancies. The judgment of the Constitution Bench was delivered on 10.2.1995. This Court in the said judgment after taking into consideration the fact that the law was not clear till that date, observed thus : We, however, direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the principle of reservation resulting in appointment of Scheduled Caste candidates in excess of the quota earmarked for them. It directed the concerned respondents to recalculate the entitlements of different categories and take further action applying the quota rule to the cadre and not to the vacancies as they arose. It further directed that till the quota is correctly maintained, no appointment will be made from the groups which have exceeded the quota reserved for them. As noted above, the finding of the tribunal is based on the ratio of the judgment laid down by this Court in Sabharwal s case (supra). The contention of the appellant in these appeals is that the judgment in Sabharwal s case was made effective prospectively, hence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rior to its date of declaration are validated. This is done in the larger public interest. Therefore, the subordinate forums which are legally bound to apply the declaration of law made by this Court are also duty-bound to apply such dictum to cases which would arise in future only. In matters where decisions opposed to the said principle have been taken prior to such declaration of law cannot be interfered with on the basis of such declaration of law. In the instant case, both decisions of the DPC as well as the appointing authority being prior to the judgment in Sabharwal s case, we are of the opinion that the tribunal was in error in applying this decision. For this reason, these appeals succeed and are hereby allowed; setting aside the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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