Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Adjustment of Service Law Reservation Shortfall in |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Reservation – Shortfall in – Adjustment of – ‘Hindu Nadar Community’ included in ‘Other Backward Classes’ in the State of Kerala by Circular dated 21.11.2009 – The decision was incorporated in State Subordinate Service Rules by Notification dated 3.8.2010 with retrospective effect from 21.11.2009 providing 1% reservation to Hindu Nadar Community – Public Service Commission by a Circular dated 31.8.2010 provided that the shortfall in reservation in the advices made during the period from 21.11.2009 to 31.8.2010 shall be adjusted in the future vacancies without disturbing the advices already made – In Annexure attached to Part II of Kerala State and Subordinate Service Rules, 1958, Explanation II was inserted whereby it was provided that shortfall in reservation occurred in the lists published by the Commission on or after 21.11.2009 during the period from 21.11.2009 till the date of publication of amendment to the Rules, to be adjusted in future vacancies – Applications invited for appointment to the post of Medical Officer (Homeo) by Notification dated 15.12.2012 – Pursuant to the Notification dated 15.12.2012, rank list published on 3.8.2012 – Appellants-candidates appearing at S. Nos. 3, 4, 5 and 6 of the list of Hindu Nadar Community – Application by appellants before State Administrative Tribunal taking the plea that shortfall in reservation of Hindu Nadar Community in the advices made by Service Commission on or after 21.11.2009 was required to be made good in future vacancies without disturbing the advices already made – Application was allowed by the Tribunal – High Court set aside the order of Tribunal – Appeal to Supreme Court – Held: The posts available for Hindu Nadar Community after 21.11.2009 are required to be provided to them – The Service Commission has rightly admitted that r.15(a) of Service Rules is inapplicable as it is neither a case of temporary passing over of vacancies nor the case of non-availability of candidates – The rank list which was operative till 03.10.2013 did not reflect the policy of reservation – Order of the Tribunal is restored. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2020 INSC 470 |
Petitioner | Dr. Aswathy R. S. Karthika & Ors. |
Respondent | Dr. Archana M. & Ors. |
SCR | [2020] 6 S.C.R. 955 |
Judgement Date | 2020-07-29 |
Case Number | 2796 |
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