S. Rajendra Babu JUDGMENT
G.N. Ray, J.
1. In all these matters a common question arises for decision as to whether in a single cadre post reservation for the backward classes, namely, Scheduled Castes, Scheduled Tribes and other backward classes can be made either directly or by applying rotation of roster point. There are conflicting decisions of this Court on the question of such reservation in a single cadre post.
2. The learned counsel for the parties in all these matters have agreed that the question of law as to the constitutional validity of reservation in a single cadre post is to be decided by the Constitution Bench and thereafter the cases will be placed before the appropriate Bench for disposal on merits in accordance with decision rendered by this Bench. Therefore, the question of constitutional validity of reservation in a single cadre post either directly or by rotation of roster point has been considered by us and we have not taken into consideration other contentions raised in these matters.
3. In support of the contention that reservation can be made not only in respect of the promotional post but also in respect of a single post in a cadre, Mr. E.C. Agrawala, learned counsel appearing for the appellant in CA No. 2346/81, Mr. Puri, learned counsel appearing for the appellant in CA No. 2345 of 1981, Mr. R.K. Jain, learned senior counsel appearing for the Intervenor in the review petition filed in CA No. 3175 of 1997 on behalf of the Scheduled Castes and Scheduled Tribes Employees Welfare Association, Post Graduate Institute of Medical Education and Research, Chandigarh, and Mr. Andhyarujina, learned Solicitor General appearing for the appellant in SLP (C) No. 13148 of 1997 for the petitioner Union of India have made elaborate submissions. Mr. Kapil Sibal, learned senior counsel appearing in support of the review petition in CA No. 3175 of 1997 has opposed the contention that a reservation can be made in respect of a single post cadre. Other learned counsel appearing in these matters have adopted the rival contentions, without advancing any separate argument.
4. Mr. Kapil Sibal has submitted that there cannot be any reservation either for initial appointment or for an appointment on promotion in respect of a single post cadre either directly or by the device of rotation of roster