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Akhilesh Kumar Singh v. Ram Dawan and Ors. - (Supreme Court) (23 Sep 2015)

Reservation in sole position means unconstitutional exclusion



The Supreme Court dismissed an appeal that a position comprised of a single post could be filled under the auspices of ‘reservation’. It reiterated a previous judgment from 1998 that if a single post cadre was reserved in favour of backward classes, it would result in the total exclusion of general members of the public, something that was impermissible under the Constitution. In the instant case, the singular post could not be reserved and would be filled by promotion from the feeder cadre.

Relevant : Post Graduate Institute of Medical Education and Research, Chandigarh v. Faculty Association and Ors. MANU/SC/0292/1998 State of Punjab and Ors. v. R.N. Bhatnagar and Anr. MANU/SC/0802/1998 Kuldeep Kumar Gupta and Ors. v. H.P. State Electricity Board and Ors. MANU/SC/0803/2000


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