The judgment follows a petition filed by L N Patel, an ST candidate working as junior inspector of factories (Class-II), seeking direction to the State Government to consider him for promotion to the post of senior inspector (Class-I).

Allowing the petition, the court directed the Government to immediately promote Patel as senior factories inspector with effect from July 14, 1988.

Petitioner's counsel J V Bhairavia submitted that Patel had made four representations between 1982 and 1987 that no ST candidate was promoted to the post of senior factories inspector. He was informed in September, 1987 that he was required to pass a departmental examination as per Gujarat Factories Inspectorate Class-I (Senior Inspector of Factories) Recruitment Rules, 1966.

However, there was no provision for a departmental examination under the Rules, it was submitted, adding that not a single candidate had been promoted till 1976, and the reservation was being carried forward. The petitioner, being the senior-most ST candidate, ought to have been promoted as soon as he completed five years in 1985. But 12 candidates were promoted in the general category during 1976-87, the counsel submitted, adding the petitioner had passed the departmental examination in July, 1988.

Taking exception to the backlog, the court observed that qualified SC/ST candidates were not selected/promoted with a view to see that reserved vacancies were filled on the pretext that eligible candidates were not available. Observing that the rules laid down by the SCon constitutional policy guaranteed fundamental right of reservation to the SCs and STs in the public posts, the court said that the authorities should implement the executive/ legislative/constitutional policy or principle in ``true spirit, honestly, and sincerely''.