P&H HC: Eyewitness Account Not Credible if Eyewitness Directly Identifies Accused in Court  ||  Delhi HC: Conditions u/s 45 PMLA Have to Give Way to Article 21 When Accused Incarcerated for Long  ||  Delhi High Court: Delhi Police to Add Grounds of Arrest in Arrest Memo  ||  Kerala High Court: Giving Seniority on the Basis of Rules is a Policy Decision  ||  Del. HC: Where Arbitrator has Taken Plausible View, Court Cannot Interfere u/s 34 of A&C Act  ||  Ker. HC: No Question of Estoppel Against Party Where Error is Committed by Court Itself  ||  Supreme Court: Revenue Entries are Admissible as Evidence of Possession  ||  SC: Mere Breakup of Relationship Between Consenting Couple Can’t Result in Criminal Proceedings  ||  SC: Bar u/s 195 CrPC Not Attracted Where Proceedings Initiated Pursuant to Judicial Order  ||  NTF Gives Comprehensive Suggestions on Enhancing Better Working Conditions of Medical Professions    

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

Reservation in sole position means unconstitutional exclusion

MANU/SC/1071/2015

Constitution

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

Tags : RESERVATION   SINGLE   POST   CONSTITUTIONALITY  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved