G. R. Chavan and Others

                                                           Vs

                                         State of Maharashtra and Others

                                       Civil Appeals Nos. 4465-67 of 1986

                                      (S. Saghir Ahmed, G. B. Pattanaik JJ)

                                                      06.01.1998

                                                        ORDER

1. This appeal is directed against the judgment of the Full Bench of the Bombay High Court which
had also granted leave to appeal to this Court under Article 134-A of the Constitution.

2. The writ petition was filed in the Bombay High Court challenging the Government Resolution
dated 23-5-1974, as amended from time to time, providing for reservation in favour of Scheduled
Castes, Scheduled Caste converts to Buddhism, Scheduled Tribes, Denotified Tribes and Notified
Tribes at promotional stage to all Class I, Class II, Class III and Class IV posts in grades or services
in which the element of direct recruitment did not exceed 50%. The writ petition was dismissed by a
Full Bench of the High Court by its order dated 14-1-1986 and the Government Resolution was
upheld.

3. The question raised in these appeals is concluded by the decision of this Court in Indra Sawhney
v. Union of India (1992 Supp (3) SCC 217 : 1992 SCC (L&S) Supp 1 : (1992) 22 ATC 385). The
appeals are, therefore, dismissed with the observation that if in implementing the policy of
reservation, the quota is exceeded, it would be open to the petitioner to approach the appropriate
court.