Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Reservation-Post of Assistant teacher Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Reservation - Post of Assistant teacher - 8 posts for Scheduled Castes and 3 for handicapped persons - Appellants, handicapped persons belonging to general category, selected - Respondent belonging to reserved category and. also handicapped, not selected - Respondent challenged selection of appellants - Selection of appellants set aside - On appeal, Held; Handicapped persons form a special class - Hence, further reservation based on caste, creed or religion could not be made - Appellants were selected against posts vacant under handicapped quota - Hence, their selection was wrongly set aside - Executive action must be fair and reasonable - Constitution of India, 1950 - Articles 14, 16 and 39 - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Administrative law - Executive action - Social justice.The State of Madhya Pradesh issued a circular letter on 29.3.1993 which stated that the quota fixed for the blinds and other physically handicapped persons is not being fulfilled due to absence of knowledge about reservation and procedural complications and extending of the full benefit against the reserved posts in the government services as per the prescribed quota, for the handicapped persons could not be determined as a fair situation.Pursuant to or in furtherance of the said circular letter, the Commissioner issued an advertisement dated 26.5.1994. Appellants belonging to the general category and also handicapped persons were selected. Respondent No.1, a handicapped person but also belonging to the reserved category candidate was not selected. He approached the Administrative Tribunal. The Administrative Tribunal opined that he had no right of appointment on the post of Assistant Teacher (Science) having not been selected by the Selection Committee stating that the heading of the advertisement dated 26.5.1994 is misleading that applications are also invited from the candidates belonging to the Scheduled Castes and Scheduled Tribes but in the body of the advertisement, 8 posts were reserved for the candidates belonging to the Scheduled Castes and 3 posts for handicapped persons without having any caste wise reservation.On a writ petition, High Court set aside the order of Tribunal. High Court held that State Government is required to examine minutely and decide whether the posts could be filled from the general category when advertisement was for reserved category mentioned in the advertisement and whether these posts are to be filled from the members of scheduled tribes only or from the members of scheduled castes only or from the category of other backward castes or these posts were for all the categories and whether the reservation was in accordance with the reserved proportion. State would also examine whether at the relevant date any post of the handicapped candidate in general category was vacant If no post was vacant then no person from general category could be appointed against these posts.Even after the direction of the High Court, State was of the view that the Advertisement dated 26.5.1994 regarding special drive for recruitment of Scheduled Caste/Tribes and filling of the posts of handicapped persons, was issued in compliance of the instructions issued from time to time by the General Administration Department and the Circular Dated 29th of March, 1993, but in the language of the heading of the Advertisement, the words "and handicapped" should have been used along with Scheduled Caste/Tribes, which has not been done so and the selection procedure is without any fault and guiltless.A contempt petition was filed at a later stage. In the contempt proceedings, the State took the stand that the advertisement was not proper and selection made against the quota for handicapped persons is liable to be cancelled. In terms of the said decision, the services of appellants were terminated. Appellants filed special leave to appeal against both the orders of High Court. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 880 |
Petitioner | Mahesh Gupta And Ors. |
Respondent | Yashwant Kumar Ahirwar And Ors. |
SCR | [2007] 9 S.C.R. 578 |
Judgement Date | 2007-08-30 |
Case Number | 3984 |
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