SC's no to plea on appointing OBCs on vacant posts in Punjab

New Delhi, March 12

Dismissing a plea seeking direction to fill 595 posts of elementary trained teachers (ETT) of SC/ST category in Punjab with other backward classes (OBC) candidates, the Supreme Court (SC) said the appointing authority doesn’t have the power to do so. These posts were advertised on November 8, 2015 and July 30, 2016.

The bench of Justice Indira Banrejee and Justice JK Maheshwari upheld the ruling of the Punjab and Haryana HC, refusing to direct the state government to permit interchangeability of these SC/ST reserved posts for candidates of OBC category.

The SC stated that it was clear that de-reservation for the reserved vacancy was restricted. The bench made the statement after analysing section 7 of the Punjab Schedule Castes and Backward Classes (Reservation in Service) Act, 2006.

“The interchangeability of the vacant unfilled posts of SC category may be possible due to not having eligible candidates by the department concerned but not by appointing authority,” the bench said.

It added that de-reservation may be possibly directed by the Department of Welfare of Scheduled Castes and Backward Classes if it was expedient in public interest. —