Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U. P Public Services (Reservation for Schedule Castes 1994 Scheduled Tribes and other Backward Classes) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | U. P Public Services (Reservation for Schedule Castes, Scheduled Tribes and other Backward Classes) Act, 1994 - Section 15 - Entitlement to claim benefit of reservation - Recruitment to post of Civil Judge (Jr. Division) - On basis of written test and interview - Respondents filed application as general category candidates -Before the written test commenced, State government issued notification amending the First Schedule to the Act and thus including the castes to which Respondents belonged, in the list of OBCs - Respondents obtained caste certificates and claimed benefit of reservation as candidates belonging to Other Backward Classes - Representations not accepted - Writ petitions - High Court allowed the petitions and directed the Respondents to be treated as OBC candidates - Justification of - Held: Justified - Status of Respondents as on the date when the selection process is deemed to have been initiated, is relevant to decide whether they were entitled to claim the benefit of reservation - Process of selection is deemed to have been initiated when the written test was started - Though Respondents were general category candidates when the recruitment notification was issued, as on the relevant date, namely the date on which the selection process was deemed to have been initiated, they were OBC candidates and became entitled to claim the benefit of reservation. The appellant-Commission issued advertisement inviting applications for filling posts of Civil Judge (Junior Division) under the U.P. Nyayik Niyamavali 1951. The respondents filed application as general category candidates. Meanwhile, the State Government added the castes of 'kalar' and 'kalal' in the list of Other Backward Classes by amending the First Schedule to the U.P. Public Services (Reservation for Scheduled Castes, Scheduled B Tribes and Other Backward Classes) Act, 1994. The respondents who belonged to the 'kalar'/kalal caste obtained caste certificates and made representations to the Appellant Commission to extend them the benefit of reservation as candidates belonging to Other Backward Classes. The representations were not accepted and the Respondents were considered as general category candidates. The respondents were not selected. Feeling aggrieved, they filed writ petitions before the High Court contending that they ought to have been treated as OBC candidates. The High Court allowed the petitions and directed the respondents to be treated as OBC candidates. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2009 INSC 269 |
Petitioner | U.p. Public Service Commission |
Respondent | Satya Narayan Sheohare & Ors |
SCR | [2009] 4 S.C.R. 491 |
Judgement Date | 2009-02-26 |
Case Number | 2627 |
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