Prithvi Raj Singh vs State of M.P. and Others

C.K. Prasad, J.—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,

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.

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.

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 Post Graduate Institute of Medical Education and Research, Chandigarh Vs. Faculty Association and Others, . 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."

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).

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.