Reserved category candidates qualifying on merit are entitled to promotion against unreserved vacancies.

The applicant, an ST category employee working as an MCM in the North Western Railway, participated in a Limited Departmental Examination for three posts of Junior Engineer (Electrician), of which two were unreserved (UR) and one was reserved for SC

The applicant secured the first position in the merit/seniority list following the written examination

However, the respondents promoted only one UR candidate and one SC candidate, leaving one UR post vacant and denying the applicant promotion on the grounds that no post was specifically notified for the ST category and citing RBE No. 117/2016

The applicant challenged the communications dated 28.11.2017 and 23.08.2018, asserting that reserved category candidates can compete for unreserved posts on their own merit

Whether an ST category candidate who qualifies on merit can be promoted against an unreserved post despite the absence of a notified ST vacancy

Whether RBE No. 117/2016 acts as an absolute bar to promoting meritorious reserved category candidates against unreserved vacancies

RBE No. 126/2010, which allows SC/ST candidates promoted on their own merit to be adjusted against unreserved points, noting it was kept in abeyance by RBE No. 117/2016

DoPT Office Memorandum dated 15.06.2018 and RBE 91/2018, which incorporated directions from the Hon’ble Supreme Court in SLP (C) No. 30621/2011 and related matters

These rules establish that the Union of India is not debarred from making promotions in accordance with law, subject to the final outcome of pending litigation regarding reservation in promotion

The Tribunal found that the applicant was eligible based on his own merit and did not utilize any relaxations reserved for SC/ST categories

RBE 117/2016 did not impose an absolute prohibition on promoting meritorious ST candidates to UR posts simply because an ST-specific post was not advertised

The Bench emphasized that the Supreme Court had clarified that the government could proceed with promotions subject to the final judicial outcome

the court observed that the respondents had granted provisional promotions to similarly situated candidates in other instances, rendering the denial of the applicant's promotion discriminatory and legally unjustified

The respondents were directed to accord the applicant a provisional promotion to the post of Junior Engineer (Electrician) if otherwise eligible

The court ordered that the promotion be granted notionally from the date the other selected candidates were promoted, with actual benefits accruing from the date of joining, and subject to the final outcome of the Supreme Court's judgment on the adjustment of candidates against reserved quotas