In Post Graduate Institute of Medical Education & Research, Chandigarh –Vs- Faculty Association & Ors. etc. (1998)4 SCC 1, the question before the Constitution Bench was whether in a single cadre post, reservation for SC, STs and OBCs can be applied either directly or through the roster in which vacancies are amongst the general category and reserved category candidates. Allowing the Review Petition against the 3 Judges Bench judgment dated 2.5.1997 in Civil Appeal No.3175 of 1997(which was one of the batch matters, reported in (1997) 6 SCC 283) held at paras 34 and 35:
“34. In a single post cadre, reservation at any point of time on account of rotation of roster is bound to bring about a situation where such a single post in the cadre will be kept reserved exclusively for the members of the backward classes and in total exclusion of general members of the public and cent percent reservation for the backward classes is not permissible within the constitutional framework. The decision of this Court to this effect over the decades have been consistent.
35. Hence, until there is plurality of post in a cadre, the question of reservation will not arise because any attempt of reservation by whatever means and even with the device of rotation of roster in a single post cadre is bound to create 100% reservation of such post whenever such reservation is to be implemented. The device of rotation of roster in respect of single post cadre will only mean that on some occasions there will be complete reservation and the appointment to such post is kept out of bound to the members of a large segment of the Community who do not belong to any reserve class, but on some occasions the post will be available for open competition when, in fact, all such occasions, a single post cadre should have been filled only by open competition amongst all segments of the Society.”
