AIR 1965 SUPREME COURT 1430

Supreme Court Of India

10th December, 1964

Hon'ble Judge(s): P. B. Gajendragadkar, K. N. Wanchoo, J. C. Shah, N. Rajagopala Ayyangar, S. M. Sikri , JJJ

Constitution of India , Art.16(4), Art.335— Communal representation in Central services - Reservation for Scheduled Castes and Tribes - Government of India Resolution (Ministry of Home Affairs), dated 13-9-1950 (as modified by Supplementary Instructions, dated 28-1-1952), instructions 5(3) and 5(4) - Carry Forward Rule - Constitutionality - Rule is non est by substitution thereof by new carry forward rule of 1955 - Effect of Supreme Court's judgment in T. Devadasan v. Union of India, AIR 1964 SC 179 - Rule is not revived. It is true that in Devadasan's case (AIR 1964 SC 179) the final order of this Court was in these terms :- "In the result the petition succeeds partially and the carry forward rule as modified in 1955 is declared invalid. " That however, does not mean that this Court held that the 1952 rule must be deemed to exist because this Court said that the carry forward rule of 1952 was substituted by the carry forward rule of 1955. On this substitution the carry forward rule of 1952 clearly ceased to exist because its place was taken by the carry forward rule of 1955. Thus by promulgating the new carry forward rule in 1955, the Government of India itself cancelled the carry forward rule of 1952. When, therefore, this Court struck down the carry forward rule as modified in 1955 that did not mean that the carry forward rul....