JUDGMENT : ( 1. ) BY this Order M. P. No. 543 of 1984 R. A. Morya and another v. Union of India and others, M. P. No. 1817 of 1984 Albert Sitaram and others v. Union of India and others, 2281 of 1984 Akhil Bhartiya Shoshit karmachari Sangh v. Union of India and others and M. P. No. 2685 of 1984 nandkishore Mishra v. Union of India and others are also disposed of as common question arises in these petitions regarding interpretation of the railway Boards Circular dated 11-1-1973 about reservation for Scheduled Caste and Scheduled Tribe employees for promotion to the posts filled on the basis of seniority-cum-suitability as per 40 Point roster. The question to be considered in all these petitions is whether reservation quota of 15% for scheduled caste and 7 1/2% for scheduled tribe is the maximum or the minimum. All these petitioners are in Class III service of the Central Railway in Jabalpur Division and their seniority is fixed division wise. ( 2. ) ON 13-9-1950 the Government of India published a resolution indicating their policy in regard to communal representation in the services. There they stated that certain reservations, amongst others, for members of scheduled Castes and Scheduled Tribes, would provisionally be made in recruitment to the posts and services under them. That resolution provided that in all cases a minimum standard of qualifications would be prescribed and that the, reservation would be subject to the overall condition that candidates of the requisite communities possessing the prescribed qualifications and suitable in all respects for the appointments in question, were forthcoming in sufficient numbers for the vacancies reserved for them. These orders were made applicable to all services under the control of the Government of India. Supplementary instructions provided inter alia for carrying forward vacancies as sufficient number of reserve candidates were not available. The Railway Board by its circular dated 27-8-1968 decided that for vacancies in posts filled by promotion, 12 1/2% of the posts will be reserved for Scheduled Castes and 5% for Scheduled tribes. By circular dated 20 April 1970 the Railway Board increased the quota of scheduled Castes to 15% and that of the Scheduled Tribes to 7 1/2% to all Class II and III promotion posts. This was done obviously to grant reservation to these two communities in proportion of their percentage in the population on all India basis. By circular dated 20 April 1970 the Railway Board increased the quota of scheduled Castes to 15% and that of the Scheduled Tribes to 7 1/2% to all Class II and III promotion posts. This was done obviously to grant reservation to these two communities in proportion of their percentage in the population on all India basis. By circular dated 11-1-1973 the Railway Board laid down the procedure for filling up vacancies in pursuance of the reservation quotas for Scheduled caste and Scheduled Tribe candidates. It lays down that the number of reserved vacancies in a recruitment year i. e. financial year of the railway, should be determined on the basis of 40 point roster under the Boards circular dated 29-4-1970 in regard to the procedure for filling up non-selection posts in Class III and class IV services. In case the reserved community candidates equal to the number of reserved vacancies are not found suitable for promotion even with relayed standard, the reserved vacancies may be carried forward to the subsequent recruitment year to be filled in by such candidates. On 29-4-1982 the railway Board issued another circular that promotions on the basis, of reservation as well as carrying forward of reserved vacancies are to be filled in provided that overall representation of scheduled caste/scheduled tribe candidates in total strength of the concerned grade or grades is found to be inadequate i. e. total number of the scheduled caste/ scheduled tribe candidates in that grade has not reached the prescribed percentage of reservation for scheduled caste/scheduled tribe candidates respectively in the grade as a whole. ( 3. ) THE contentions of the petitioners are that since the limits of 15% and 7 1/2% total 2254% have been reached by promotion of reserved candidates, further promotion on the basis of reservation has come to an end and promotions have to be made as if there was no reservation. The 40 point roster which was the medium for reserved candidates would also come to an end and would cease to be applicable provided 15% and 7 1/2% total 2254% reservation is done. Reservation is to the posts and not to the vacancies. The 40 point roster which was the medium for reserved candidates would also come to an end and would cease to be applicable provided 15% and 7 1/2% total 2254% reservation is done. Reservation is to the posts and not to the vacancies. On the other hand, the railway authorities have taken the plea that they are applying 40 point roster as and when vacancies occur in any grade in each year irrespective of the fact whether in that particular category reserved appointments have been made to the extent of 15% and 7 1/2% total 22 1/2% or not. According to them, 15% and 754% is the minimum quota fixed for reserved candidates and the quota can be increased from time to time subject to the reasonable limit that may be prescribed. In M. P. No. 1593/1984, three scheduled caste candidates have intervened and they submitted that by another circular dated 21-2-1976 the Railway Board has directed that the prescribed quota is the minimum and not the maximum. A scheduled caste/scheduled tribe person appointed against an earlier point, even if it is an unreserved one, cannot be adjusted against subsequent reserved point occurring and/or filled at subsequent date, and all points other than reserved points in the roster are to be treated as unreserved and not reserved for others. ( 4. ) IN M. P. No. 1583/84 the petitioner No. 1 is working as Chief Clerk, no. 2 is Head Clerk and No. 3 is Senior Clerk. The channel of promotions are from Junior Clerk to Senior Clerk, from Senior Clerk to Head Clerk and from head Clerk to Chief Clerk, then from Chief Clerk to Office Superintendent, criterion for promotion being seniority-cum-suitability. In Jabalpur division in the grade of Office Superintendent there are 8 posts out of which 3 are scheduled caste and scheduled tribe candidates and thus their percentage is 38% far in excess of 22 1/2% prescribed by the Railway Board. Likewise, in the category of chief Clerk, there are 22 posts and 6 posts are held by scheduled caste and scheduled tribe candidates and their percentage comes to 28% which* is in excess of 2254%. Similarly, out of 41 posts of Head Clerks, 12 have been filled in by promotion from scheduled caste and scheduled tribe candidates bringing the percentage to 29 which is in excess of the prescribed quota. Similarly, out of 41 posts of Head Clerks, 12 have been filled in by promotion from scheduled caste and scheduled tribe candidates bringing the percentage to 29 which is in excess of the prescribed quota. The three interveners on the other hand contended that although they are senior as Chief Clerks being at serial Nos. 18, 19 and 21, yet they have been superseded by their juniors belonging to the genera) category for promotion to the post of Office superintendent. Similarly, in M. P. No. 1817/84 the petitioner No. 1 is Chief clerk, No. 2 is Head Clerk and No. 3 is Senior Clerk. In M. P. No. 543 of 1984 the petitioner No. 1 is Guard Grade-A and petitioner No. 2 is Guard Grade-B. In the grade in Guards, lowest grade is Grade-C, next higher post is Guard Grade-B, then Guard Grade-A and finally Guard Grade-A Special. In the grade of Guard-A in Jabalpur division there are 41 posts out of which 12 persons have been promoted as scheduled caste and scheduled tribe candidates and their percentage is about 30 which is in excess of the reserved quota. In Guard Grade-A Special, there are 27 posts out of which 9 pots are held by SC and ST candidates and their percentage is 33 which is in excess of the reserved quota. In M. P. No. 2281/84 the petition is by Akhil Bhartiya Shoshit Karmachari Sangh which is a registered union and claims to represent a large number of employees who are victims of the exploitation by the railway in their employment. The petition has been filed regarding promotion to the posts of Station Superintendent, Deputy Station superintendent and Transertation Inspector Promotion is from transportation Inspectors to Deputy Station Superintendent and then to station Superintendent, Out of 63 posts of Station Superintendent and Deputy station Superintendent in Jabalpur division, 17 posts are filled in by promoting scheduled caste and scheduled tribe candidates and out of 6 posts of transportation Inspectors, 3 posts have been filled in by promoting scheduled caste and scheduled tribe candidates, thus their percentage comes to 30 and 50% respectively, far in excess of the reserved quota of. 22 1/2%. In M. P. No. 2685/84 the petitioner is a Driver Grade-A, the next promotion is Driver Grade-A special. 22 1/2%. In M. P. No. 2685/84 the petitioner is a Driver Grade-A, the next promotion is Driver Grade-A special. Out of 35 posts of Driver Grade-A Special, 9 posts are already filled up by promotion of scheduled caste and scheduled tribe candidates and their percentage comes to 25. 7 which is in excess of reserved quota of 22 1/2%- ( 5. ) ARTICLE 16 (1) and (2) of the Constitution provides that there shall be equality of opportunity for all oitizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. However, sub-clause (4) of Article 16 provides that nothing in this Article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. Article 335 lays down that the claims of the members of the scheduled castes and the scheduled tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. The supreme Court in General Manager v. Rangachari, A. I. R. 1962 S. C. 36 held that clause (4) is in the nature of an exception to clauses I and 2. Thus, in the interest of backward class of citizens the State cannot reserve all appointments under the State or even a majority of them. It follows that Article 16 (4) is an enabling provision and confers discretionary power on the State to make reservation for appointments in favour of backward class of citizens which in its opinion is not adequately represented either numerically or qualitatively. The Supreme Court in trilokinath v. Union of India, A. I. R. 1967 S. C. 1283 has held that the doctrine of equality of opportunity shall be reconciled in favour of the backward classes in such a way that the latter while serving the cause of backward classes shall not unreasonably encroach upon the field of equality. The Supreme Court in trilokinath v. Union of India, A. I. R. 1967 S. C. 1283 has held that the doctrine of equality of opportunity shall be reconciled in favour of the backward classes in such a way that the latter while serving the cause of backward classes shall not unreasonably encroach upon the field of equality. But the burden of proving that the reservation is unreasonable is on the person who takes that plea. Reservation cannot be struck down on hypothetical grounds. Again in C. A. Rajendran v. Union of India, A. I. R. 1968 S. C. 507 the Supreme Court held that there can be reasonable classification of employees for purposes of appointment and promotion. Provisions of Article 16 (4) are to be strictly construed. They are to be interpreted in context and background of Article 335. Article 16 (4) confers discretionary power on State to make reservation. No constitutional duty is imposed on government. The Supreme Court in State of Punjab v. Hira Lal, A. I. R. 1971 SC. 1777 held that extent of reservation to be made is primarily matter for the State to decide, subject of course, to judicial review on the ground that the reservation is so excessive that it renders the guarantee of equality under Article 16 (1) meaningless. In Devadasan v. Union of India, A. I. R. 1964 S. C. 179 it has been held that reservation of more than 50 per cent as they arise in any year or under carry forward rule will by outside the protection of Art. 16 (4 ). The Supreme Court in Akhil Bhartiya Shoshit Karmachari Sangh v. Union of lndia, A. I. R. 1981 S. C. 298 has further held that the Court might uphold relaxation of efficiency requirement for promotion where there is provision for training and coaching for backward class promotees to bring them up to the standard of others. ( 6. ) IT appears that the majority of 4 Judges out of 7 Judges Bench in State of Kerala v. N. M. Thomas, A. I. R. 1976 S. C. 490 have taken a contrary view that Article 16 (4) is not an exception to Article 16 (2) and scheduled castes are not castes. H. M. Seervai in his Constitutional Law of India, Third Edition at page 441 in para 9. H. M. Seervai in his Constitutional Law of India, Third Edition at page 441 in para 9. 203 has observed, "our discussion has shown that the four majority judgments are untenable; consequently, it would be unprofitable to analyse each judgment in order to show that the four judgments do not disclose any coherent pattern or a common ratio. It may be added that in Akhil Bhartiya Shoshit Karmachari Sangh v. Union (supra) Krishna Iyer J. (with whom Reddy, J. concurred) has held, contrary to his view in Thomass case that Article 16 (4) is an exception and that it saves reservations for SCs assuming SCs are castes. This change of view lends support to the present writers submission that the four majority judgments are clearly wrong, productive of great public mischief and ought to be overruled". He has further observed at page 451 in para 9. 317 : "there is one aspect of this question which is likely to be overlooked, or brushed aside, but which nevertheless is essential for a well organised and efficient public service. We have already spoken of an esorit de corps as an essential element for an efficient and harmonious public service. It is not possible to maintain an esorit de corps for any appreciable period of time if the pride in the service is destroyed, first by division in the services based on caste, and, even more, where reservations are made in promotion post in favour of members of Scheduled caste and Scheduled Tribes who are not rationally comparable in merit to the persons left out. A person who, but for the reservation, would have walked into the higher post on his merit, must be more than human if he is not deeply resentful of the injustice done to him, and office having to serve under a person vastly his inferior in merit. " ( 7. ) IN the Railway Boards circular dated 20-4-1970 it was decided that vacancies in the posts filled by promotion to class II and III posts in which reservation has been provided by Boards circular dated 27-8-1968, the percentage of reservation for scheduled castes and scheduled tribes in such post shall also be raised from 12 1/2% to 15% in favour of SCs and from 5% to 7 1/2% in favour of STs. The circular further lays down that if scheduled castes candidates are not available from the just below grades, then candidates in the further grade below may be considered for promotion i. e. a scheduled caste candidate can take jump over one grade for being promoted to the one grade above his next grade. In the said circular, the carry forward rule was carried little further forward for SC and ST from 2 to 3 years. By Boards circular dated 29-4-1970 a further change was made in 40 point roster by providing position Nos. 1,4,8,14,17,22,28,31 and 36 to go to SC and ST candidates i. e. 6 posts to go to SC and 3 to ST candidates. The board by its resolution dated 11-1-1973 directed that a quota of 15% SCs and 7 1/2% for STs respectively may also be provided in promotion to the categories and posts in class I, II, III and IV filled on the basis of seniority-cum-suitability provided the element of direct recruitment to those grades, if any, does not exceed 50%. In the circular dated 21-2-1976 the Board extended carry forward rule from 50% to 66 1/2%. ( 8. ) WE are of the opinion that in the circulars of 20-4-1970, 29-4-1970 and 11-1-1973, 15% reservation for SC and 7 1/2% for ST is to the posts and not to the vacancies as and when they occur. The 40 point roster is the medium for filling reserved vacancies to the extent of 15% for SC and 7 1/2% for ST candidates. Thus the limits of reservation are not to exceed the limits laid down in the circular. Therefore, as soon as 15% and 7 1/2% total 22 1/2% has been reached by promotion of reserved candidates, the further promotion on the basis of reservation would come to an end and promotions were to be made as if there was no reservation. The 40 point roster, which was the medium for the reserved candidates, would also come to an end and came to be applicable provided the limit of 15%and7 1/2% total 22 1/2% of the reserved candidates has been reached. The Railways are not justified in applying 40 point roster as and when vacancies occur in any grade. The reservation is to the posts and not to the vacancies. The Railways are not justified in applying 40 point roster as and when vacancies occur in any grade. The reservation is to the posts and not to the vacancies. It is not correct to say that 15% for SC and 7 1/2 for ST is the minimum quota of reservation and not the maximum. If that be so, what will be the maximum quota of reservation which has nowhere been laid down. The circular dated 21 -2-76 is an extension of carry forward rule from 50% to 66 2/3% and it has to be read in that light. So it has been said that the prescribed quota is the minimum and not the maximum i. e. for carry forward rule 22 1/2% for SC and ST candidates is the minimum and not the maximum which has been fixed at 66 1/2%. Here we are not concerned with carry forward rule. The Supreme Court in Akhil Bhartiya Shoshit Karmachari sangh v. Union of India (supra) has said that the Board shall take care to issue instructions to see that in no year shall SC and ST candidates be actually appointed to substantially more than 50% of the promotional posts. In all these petitions the petitioners have alleged that in the different grades in question, more than the reservation quota has been filled up by the scheduled castes and scheduled tribe candidates. This fact has not been controverted by the respondents in any of these petitions except in M. P. No. 1583/84 saying that out of 14 posts of Office superintendents, 11 are from general category and 3 from SC and ST category and so their ratio comes to 21% and not 30%. Regarding Chief Clerks, 33 are from general category and 8 from SC and ST category were promoted and their ratio comes to 19 1/2% and not 22 1/2%. Similarly, out of 75 posts of Head Clerks, 5% were working as Head Clerks in general category and 16 are from SC and ST category and their percentage is 21 and 22 1/2. Some excess will not affect as mathematical precision is difficult in human affairs, but substantial excess will void the selection. Similarly, out of 75 posts of Head Clerks, 5% were working as Head Clerks in general category and 16 are from SC and ST category and their percentage is 21 and 22 1/2. Some excess will not affect as mathematical precision is difficult in human affairs, but substantial excess will void the selection. The Railway Board in its circular dated 29-4-82 has stated that the promotions on the basis of reservation as well as carrying forward of reserved vacancies are to be filled in provided that overall representation of SC/st candidates in total strength of the concerned grade or grades is found to be inadequate i. e. total number of SC and ST candidates in that grade has not reached the prescribed percentage of reservation for the SC and ST candidates respectively in the grade as whole. Those SC and ST candidates who have come or been promoted due to reservation quota, having already jumped the queue, cannot be permitted to compete with general candidates for further promotion. They are a special class by themselves and they have only to go to the reserve quota for further promotion. If the reserve quota is already full in the next grade, the SC and st candidates just below that grade in the reserve quota will have to wait till vacancy occurs in the higher grade in the reserve quota. However, we want to make it cleat that this will not apply to such SC and ST candidates who on their1 own in competition with the general candidates have attained their present position and not due to reservation, they are entitled to compete further with the general candidates and they will not be affected for promotion in the general quota even if the reserved quota is full in the next higher grade. ( 9. ) WE fined support from a Division Bench decision of the Allahabad high Court in J. C. Walmik and others v. Union of India and others, Civil Misc. Writ No. 1809 of 1972 decided on 9-12-1977 (1978 All. Civ. Jou. 112) that we are of the opinion that the Railway Boards circular dated 20th April 1970 made reservations to the extent of 15% in favour of scheduled castes in respect of appointment to the posts and not to the vacancies which may occur in the cadre or posts. Writ No. 1809 of 1972 decided on 9-12-1977 (1978 All. Civ. Jou. 112) that we are of the opinion that the Railway Boards circular dated 20th April 1970 made reservations to the extent of 15% in favour of scheduled castes in respect of appointment to the posts and not to the vacancies which may occur in the cadre or posts. Admittedly, the respondents 4 to 8 have been selected by the Selection committee and appointed to the post of A Grade Guard on the basis of erroneous interpretation of the Railway Boards circular. If the circular was correctly followed and if the reservation quota was confined to the posts, in that event the respondents 4 to 8 could not have been considered or selected to the post of A Grade Guard. In our opinion, their selection was not in accordance with law. Their selection has been made in excess of the 15% quota fixed for scheduled caste candidates. On appeal to the Supreme Court by the Union of india, the Supreme Court has passed an order on 24-9-84 directing that promotions which may be made hereafter will be strictly in accordance with the aforesaid judgment of the Allahabad High Court and any such promotion which has been made after February 1984 otherwise than in accordance with the judgment of the High Court, such promotions shall be adjusted against future vacancies. The matter is pending in the Supreme Court for decision. There is also support from a Division Bench decision of the Punjab and Haryana High Court in jaginder Singh Sethi v. Punjab Government and others, 9. Civil Writ Petition No. 3682/81 and Civil Misc. No. 226/82 decided on 25-5-1982 wherein it has been held that any promotion of the members of the scheduled castes and backward classes made beyond the prescribed limit on the basis of the above-noted instructions of the Government are void and non-existent. We, therefore direct the respondent authorities to consider the case of the petitioners for promotion in the light of the observations made above and the rules applicable thereto. It may be mentioned that under the existing instructions of the Punjab State Govt. there was reservation of 20% for scheduled castes and scheduled tribes and 2% for backward classes i. e. in all 22%. It may be mentioned that under the existing instructions of the Punjab State Govt. there was reservation of 20% for scheduled castes and scheduled tribes and 2% for backward classes i. e. in all 22%. Therefore, it was held that scheduled caste and backward class people can take advantage of the reservation till their representation in the cadre is reached or completed and not beyond that. For working out this percentage, the promotees/ appointees in this cadre whether on the basis of reservation or otherwise have to be taken notice of. But it appears that slightly different view has been taken by Punjab and Haryana High Court in haroartao Singh and ors. v. Union of India and ors. , Civil Writ No. 170/1967 decided on 13-10-1969 That was a case of promotion to the post of A Grade Guards in the Railway of the persons belonging to scheduled castes and scheduled tribes beyond the reserved quota of 22 1/2%. The Court was of the opinion that though promotion is from Guard grade-C to Grade-B and from Grade B to Grade A but this is only one cadre and since total number of SC and ST candidates working in the three grades is less than 22 1/2% of the posts in entire cadres, the SCand ST candidates beyond 22 1/2%can be promoted in Guard Grade A. Of course, the Court noted that since SC and ST candidates take a jump from Guard Grade-C to Guard Grade-A. it is just possible that in course of time all the posts in Guard Grade-A, may be held by the reserve class candidates but according to the Court this matter can be remedied by the authorities and it is not such a matter on which any grievance can be made on the score of Art. 14 or 16 of the Constitution. One method to resolve this problem can be that the Guards who are considered for promotion 16 Grade-A may be of the same age or near about the same age. These are matters which should be brought to the notice of the Railway Board and it cannot be doubted that the Board can devise ways and means to give suitable relief and avoid any genuine heartburning. ( 10. These are matters which should be brought to the notice of the Railway Board and it cannot be doubted that the Board can devise ways and means to give suitable relief and avoid any genuine heartburning. ( 10. ) THE argument of the three interveners in M. P. No. 1583/84 who are scheduled caste and scheduled tribe candidates is fallacious as may be evidenced from the facts narrated hereinafter. According to them, G. C. Khatik and N. G. Hardas are at serial Nos. 18 and 19 of the seniority list of Chief Clerks, while K. L. Sagar is at serial No. 21 of the seniority list of Head Clerks. Though they are seniors but the Railway are thinking of promoting their juniors in the general category simply because the reservation quota is already filled up in the next higher post. They cannot be debarred from being considered for further promotion in the general quota i. e. in the remaining quota of 11 1/2% for general category as they have better claim for promotion being seniors. It may be mentioned that all the three interveners have been recruited as Junior Clerks against the quota reserved for scheduled castes and scheduled tribes. They were promoted as Senior Clerks in the reserved quota, then to Head Clerk and then to chief Clerk again in the reserved quota against the vacancies reserved for SC and st candidates. The Chief Clerks over whom these three applicants claim seniority were recruited as Junior Clerks about 20 years back. They were promoted as Senior Clerks before the three applicants but because of the applicants accelerated promotion against reserved quota to the post of Head clerk and Chief Clerk they have been promoted as Chief Clerk a few months before those persons over whom they claim seniority. The applicants who have been promoted against the reserved quota cannot count their seniority on the basis of their earlier promotion, because of the reservation they got accelerated promotion. If the seniority is counted from the date they are promoted, it will result in violation of the departmental instructions and will be discriminatory offending Art. 16 of the Constitution. Since reserved quota is already filled up in the next higher post and if they are promoted in the general quota, then after some time no post will be left for much senior persons from the general category to get further promotion. Since reserved quota is already filled up in the next higher post and if they are promoted in the general quota, then after some time no post will be left for much senior persons from the general category to get further promotion. The chart will explain the actual position of the 3 applicants and those belonging to the general categories just above them. The two applicants got promotion as Chief Clerks earlier; though they entered service more than 15 years after the persons immediately above them in the general category mentioned in the chart and those persons are now said to be juniors being promoted subsequently as Chief Clerks. Here it may be pointed out that one of the applicants N. G. Hardas was not even born when six persons above him had already entered service but they have been subsequently promoted as Head Clerks because of the reservation quota. The circular of the railway Board dated 20-10-1960 directed that the seniority of SC/ ST employees will be determined under the normal rules. The reservation roster is considered only a machinery to ensure prescribed percentage of reservation for SC/st employees and should not be related to the question of seniority and confirmation. If any of the SC/st employee is confirmed in the post by virtue of the roster, such confirmation will not give them any benefit in respect of seniority. The Railway in its reply submitted that the applicants 2 and 3 are officiating in the grade of Chief Clerks but their substantive grade is of Head clerk and their normal seniority would have been in the grade of Senior Clerk. The applicant No. 4 is merely working as Chief Clerk on ad hoc basis and his substantive grade is of Head Clerk though his normal seniority grade is of Senior clerk. Thus all the three applicants have reached the present grade on the basis of reservation of SC/st quota. Further promotion of these applicants would amount to promotion on the basis of reservation for SC / ST. Had these 3 persons not been given benefit of reservation in promotion, they would have been in the grade of Senior Clerk with the following seniority in that grade: G. C. Khatik -Sr. No. 172, N. G. Hardas -Sr. No. 223, K. L. Sagar - 121. ( 11. ) WITH the result, the petitions are allowed with costs. Had these 3 persons not been given benefit of reservation in promotion, they would have been in the grade of Senior Clerk with the following seniority in that grade: G. C. Khatik -Sr. No. 172, N. G. Hardas -Sr. No. 223, K. L. Sagar - 121. ( 11. ) WITH the result, the petitions are allowed with costs. It is directed that no promotions can be made of Scheduled Caste and Scheduled Tribe candidates beyond the reservation quota of 15% for Scheduled Caste and 7 1/2% for scheduled Tribe total 22 1/2% in any grade of the Railway provided the persons so promoted or appointed are holding the post by virtue of the reservation quota in the grade below. If there is already appointment or promotion in excess of the reservation quota, the same will be adjusted towards future vacancies but such persons are not to be demoted by virtue of this order. Counsels fee Rs. 250/-, if certified. The outstanding security amount be refunded to the petitioners. Petitions allowed.