Hon'ble Judges/Coram:
A.K. Sarkar, K.C. Das Gupta, K.N. Wanchoo, N. Rajagopala Ayyangar and P.B. Gajendragadkar

JUDGMENT

P.B. Gajendragadkar, J.

1. On a writ petition filed by the respondent K. Rangachari in the Madras High Court under Art. 226 of the Constitution a writ of mandamus has been issued by the said High Court restraining the appellants, the General Manager, Southern Railway, and the Personnel Officer (Reservation), Southern Railway, from giving effect to the directions of the Railway Board ordering reservation of selection posts in Class III of the railway service in favour of the members of the Scheduled Castes and Scheduled Tribes and in particular the reservation of selection posts among the Court Inspectors in Class III one of which is held by the respondent. After the writ was thus issued the appellant applied for and obtained a certificate from the said High Court under Art. 132(1) of the Constitution as it involved a substantial question of law, namely, the scope of Art. 16(4) of the Constitution. It is with this certificate that the appeal has been brought to this court, and the only question which it raises for our decision is about the scope and effect of Art. 16(4). This question is of considerable public importance though the dispute raised by it lies within a very narrow compass.

2. In the railway services there are four grades of Court Inspectors included in Class III, (1) Court Inspectors on Rs. 200 - 300, (2) Court Inspectors on Rs. 260 - 350, (3) Chief Court Inspectors on Rs. 300 - 400, and (4) Chief Court Inspectors on Rs. 360 - 500. It appears that Inspectors of the first category are recruited partly directly and partly by selection from other categories of railway services. To the remaining three grades appointments are made by promotion and they are classified as selection posts. Selection to these grades is made by a committee of officers constituted for the purpose. In respect of non-selection posts seniority in service is the qualification but in regard to selection posts seniority is only one of the qualifications for promotion to such posts; suitability to promotion is considered on other relevant grounds as well.

3. The respondent was initially recruited to the grade of Rs. 200 - 300 and was confirmed in that grade on November 21, 1956. Between May 23, 1958, and August 22, 1958 as well as between December 8, 1958 and December 31, 1958, he was promoted to officiate in the grade of Rs. 260 - 350. He got a chance of another similar promotion to officiate on April 8, 1959. These promotions were in the nature of ad hoc promotions and were consequently of temporary duration. Later, on June 16, 1959, he was interviewed by the selection committee and his promotion to the said higher grade was regularised and an order was passed in that behalf on June 30, 1959. By this order he was allowed t........