CWP No.1463 of 1988 ( 1 ) In the Punjab and Haryana High Court, Chandigarh. CWP No.1463 of 1988 Date of decision:08.09.2008 Dr.Sarwan Singh Ratta ... Petitioner Versus The State of Punjab and others ... Respondents. CORAM HON'BLE MR. JUSTICE PERMOD KOHLI Present: Ms.Alka Chatrath,Advocate,for the petitioner. Mr.SS Sahu, AAG, Punjab, for the respondents. -- PERMOD KOHLI, J: Through the medium of the present writ petition, the petitioner is seeking a direction for his consideration for promotion to the PCMS Class-I against the reserved point (Roster Point) meant for backward class employees. He has further sought a writ in the nature of certiorari for quashing the government instructions issued vide order No.13/8/81-SWI- 2904 dated 02.04.1981, whereby the benefit of reservation was confined to such of the backward class employees who were recruited as backward class against reserved vacancies or whose family income was within the prescribed limits. After medical degree in MBBS, the petitioner was recruited as PCMS Class-II on ad hoc basis on 16.09.1972. Thereafter, on being selected by the Punjab Public Service Commission, he was substantively recruited/appointed as PCMS Class-II. It is the case of the petitioner that he applied as a general category candidate and did not avail the benefit of reservation at the time of his entry into government service, though he belong to one of the reserved classes/communities (Khati) under CWP No.1463 of 1988 ( 2 ) the Punjab Government reservation notification dated 04.06.1959. At the relevant time, there was 2 percent reservation in terms of the notification dated 04.05.1974 for the members of the backward class. As per the instructions, point Nos.26 and 76 were reserved for backward class out of 100 vacancies. At the relevant time, the benefit of backgward class was available only to a candidate whose annual income was within the prescribed limits. However, subsequently, vide another government notification dated 04.09.1974, the embargo of upper annual income was removed and a candidate was entitled to seek benefit of reservation irrespective of the income limit. It is contended that in the year 1980, the petitioner applied for selection as Registrar in Medical Colleges of Punjab and was selected against vacancy earmarked for backward classes on 01.01.1980. In the years 1986-87, promotions were made to the post of PCMS Class-I in the higher pay scale of Rs.1400-2000/-. Respondent No.3, Dr.Balbir Singh, was appointed against the reserved vacancy meant for backward class, though he was junior to him in the seniority list at serial No.1074, whereas the petitioner was at serial No.959. The petitioner was not considered for promotion as backward class candidate. He made various representations and one of such representation is Annexure P-8. On receipt of the representation, the petitioner was asked to provide proof of his entry into service as a backward class candidate. On his failure to do so, his representation was rejected vide letter dated 17.12.1987, Annexure P-10. It is under these circumstances the present petition has been filed. The respondents have taken a specific and categoric stand that CWP No.1463 of 1988 ( 3 ) the petitioner's entry into service was not against the reserved vacancy. He applied as a general category candidate. He was selected and appointed as such. The respondents have further stated that though vide letter dated 04.09.1974 (Annexure P-4), ceiling of upper limit of income for the grant of benefit to the reserved category candidate was removed, yet in view of the subsequent notification impugned in this petition, the benefit of reservation was provided only to such of the candidates who entered into the government service against a reserved vacancy and whose income did not cross the upper limit at the time of initial entry into government service. The petitioner is squarely covered by both the conditions incorporated in the aforesaid government notifications dated 03.04.1981 as he did not apply against the reserved vacancy at the time of his entry into government service and the monthly income of the family was also beyond the prescribed limit. No valid ground has been stated in the writ petition or argued at the time of hearing as to how the government instructions/notifications are bad or illegal. Article 16 (4) of the Constitution of India empowers State to make a provision for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, is not adequately represented. This constitutional provision armed the State to make relevant provisions in this regard. The authorities in exercise of such powers vested in them, issued notifications dated 04.05.1974 and 02.04.1981. There is no material on record to show that these notifications were issued either in violation of any constitutional provision or any other law for the time being in force. The clear object of these notifications was to confer reservation to the members of the backward class so that benefit may be granted to the down the line and does not remain confined to the CWP No.1463 of 1988 ( 4 ) affluent section of the reserved class. I do not find any infirmity in the impugned notifications nor the right of the petitioner has been effected in any manner. Apart from the above, the petitioner has not challenged the promotion of respondent No.3 who was appointed against the reserved vacancy against which the petitioner is seeking his consideration. Hence, otherwise also no relief can be granted to the petitioner. With the observations aforesaid, the present writ petition is dismissed with no order as to costs. 08.09.2008 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO