Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law - Reservation - Singular post in a cadre - Promotion to the post of clerk - Claim of - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law - Reservation - Singular post in a cadre -Promotion to the post of clerk - Claim of - Single Judgeholding that the claim was untenable as there was singularpost in the cadre of clerk duly sanctioned and created in theinstitution and thus, the said post could not be reserved forpromotion from amongst the class IV employees - DivisionBench of the High Court holding that a single post of ClassIll available in intermediate college governed by the Act canbe filled up by promotion - On appeal, held: Reservation fora single post in a cadre would keep the general members ofthe public in total exclusion - Reservation would arise whenthere is plurality of post in the cadre - Reservation is onlyrestricted to the Scheduled Castes, Scheduled Tribes andOther Backward Classes - It does not relate to the personsserving in the feeder cadre - In the instant case, Regulationprovides for 50% of the total number of posts to be promotedthrough promotion - Note appended lays down that incalculation of the 50% of the post less than half would be leftand half or more than half post would be deemed as one -Thus, if a singular post in the clerical cadre is there, it wouldbe filled up by promotion from amongst the eligiblecandidates from the feeder cadre - Order passed by theDivision Bench was correct - U P. Intermediate EducationAct, 1921- Constitution of lndia, 1950-Arts 16(1), (4). |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 1024 |
Petitioner | Akhilesh Kumar Singh |
Respondent | Ram Dawan & Ors. |
SCR | [2015] 9 S.C.R. 467 |
Judgement Date | 2015-09-23 |
Case Number | 1931 |
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