Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Solitary post Appellant-teacher belonged to Scheduled Caste Service Law Reservation |
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 Disposed Off |
Headnote | Service Law: Reservation – Solitary post – Appellant-teacher belonged to Scheduled Caste – Fifth respondent-teacher was senior to her – When a post of Lecturer in English fell vacant, appellant was promoted to the said post on the basis of roster points – Fifth respondent challenged the appointment before High Court – High Court held that the post of Lecturer in English was a solitary post and that the appellant could not have been appointed to the post on the basis of reservation and the fifth respondent who was senior to the appellant had a valid claim and entitlement to the post – On appeal, held: There can be no reservation of a solitary post and that in order to apply the rule of reservation within a cadre, there must be a plurality of posts – Where there is no interchangeability of the posts in different disciplines, each single post in a particular discipline has to be treated as a single post for the purpose of reservation within the meaning of Art.16(4) of the Constitution – There was no error in the judgment of High Court – Prayer of the appellant that she continued to work as a Lecturer in English since her appointment in 2002 and during the pendency of appeal, she was also protected by an order of status quo; that the proposal of the management to the State of Karnataka for her appointment to a second post was not acceded to – In view of the prayer of the appellant, the State of Karnataka is requested to consider the matter afresh – Since the appellant has been working as a Lecturer in English since 2002, no recovery be made from her for the period during which she has worked – As regards the fifth respondent, her pay shall be fixed notionally for the purpose of computing the salary which will be payable to her effective from the date of her joining as Lecturer in English and in the ultimate computation of her retiral dues on the date on which she attains superannuation – Fifth respondent to be considered for promotion in pursuance of the directions issued by the High Court expeditiously – Constitution of India – Art.16(4) – Reservation. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 1298 |
Petitioner | R. R. Inamdar |
Respondent | State Of Karnataka & Ors. |
SCR | [2019] 14 S.C.R. 505 |
Judgement Date | 2019-11-28 |
Case Number | 1495 |
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