Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 16 and 142 – Reservation in employment – 1950 – Arts. 14 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950 – Arts. 14, 16 and 142 – Reservation in employment – Whether in a case where the reserved category candidates secured more marks than the general category candidates, such reserved category candidates will have to be first adjusted in the general category pool and they shall be considered for appointment in the general category pool or against the vacancies meant for reserved category candidates – Held: The reserved category candidates securing higher marks than the last of the general category candidates are entitled to get seat/post in unreserved categories – Thus, two candidates belonging to OBC category, were required to be adjusted against the general category as they were more meritorious than the last of the general category candidates – Consequently, after considering their appointments in the general category, the seats meant for reserved category were required to be filled in from the remaining reserved category candidates on merit such as Respondent No. 1 – However, insertion of the two OBC candidates into general category select list may unsettle the entire selection process resulting in expulsion of two general category candidates working since long – Therefore, to strike a balance, the two candidates from OBC category must be treated in general category seats and Respondent No. 1 shall be appointed against the reserved category seats with the seniority from the date of appointment of general category candidates – At same time, the candidates already appointed in general category shall not be removed – Constitution of India – Art. 142. Words and Phrases – Difference between “horizontal reservation” and “vertical reservation” explained. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 489 |
Petitioner | Bharat Sanchar Nigam Limited & Anr. |
Respondent | Sandeep Choudhary & Ors. |
SCR | [2022] 4 S.C.R. 1002 |
Judgement Date | 2022-04-28 |
Case Number | 8717 |
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