AIR 1999 SUPREME COURT 2894 ::1999 AIR SCW 2795 ::1999 ALL. L. J. 1947 ::1999 (7) ADSC 149 ::1999 (7) SCC 120 ::(1999) 4 Scale 579 ::1999 (5) Andh LD 34 ::(1999) 4 All WC 2853 ::1999 (3) KLT SN 32 (SC) ::(1999) 3 Pat LJR 20 ::(1999) 4 SCT 133 ::(1999) 4 ServLR 687 ::(1999) 3 UPLBEC 2179 ::1999 (3) LRI 657 ::(1999) 7 Supreme 81 ::(1999) 5 JT 498 (SC) ::1999 (5) JT 498

Supreme Court Of India

Hon'ble Judge(s): A. S. Anand, S. B. Majmudar, Sujata Manohar, K. Venkataswami, V. N. Khare , JJJ

(A) Constitution of India , Art.16(4)— Reservation in service - Is a transitory measure - Once backward class secure adequate representation in services - Reservation will not be required. Article 16(4) permits reservation of appointments or posts in favour of any backward class which is not adequately represented in the services under the State. Reservation is linked with adequate representation in the services. Reservation is thus a dynamic and flexible concept. The departure from the principle of equality of opportunity has to be constantly watched. So long as the backward group is not adequately represented in the services under the State, reservations should be made. Clearly, reservations have been considered as a transitory measure that will enable the backward to enter and be adequately represented in the State services against the backdrop of prejudice and social discrimination. But finally, as the social backdrop changes - and a change in the social backdrop is one of the constitutional imperatives, as the backward are able to secure adequate representation in the services, the reservations will not be required. Art. 335 enters a further caveat. While considering the claims of Scheduled Castes and Scheduled Tribes for appointments, the maintenance of efficiency of administration shall be kept in sight.(Para 11) ....