Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 15 and 19(1)(g) Art. 14 Reservation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of 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 | Constitution of India – Art. 14, 15 and 19(1)(g) – Reservation – Appellant-Institute trained teachers for B.Ed. and M.Ed. courses – Appellant challenged a government policy (called “Admission Process and Guiding Principles 2022-2023”) before the High Court – Appellant’s challenge was mainly based on clause 1.5(a) of the policy, which allocates the B.Ed seats in the institute – As per which 75% of seats this Course reserved for “residents of Madhya Pradesh” and remaining 25% seats for candidates outside the State – Appellant alleged that that Institute is facing difficulties in making admissions to this course, as although the entire 25 percent seats allocated to the “outside” candidates have been filled, but almost all of the 75 percent of seats, reserved for the residents, have remained unfilled – The High Court dismissed the writ filed by the appellant – On appeal, the main issue was, whether the State Government could reserve seats for ‘residents’ of the State and, in case if it is permissible; whether 75% of the total seats, can be reserved for the residents – Held: As per Pradeep Jain case reservation in favour of residents is permissible, yet reservation to the extent of 75% of the total seats makes it a wholesale reservation, which has been held in Pradeep Jain case to be unconstitutional and violative of Article 14 of the Constitution of India – Large percentage of seats reserved for the residents of State which remains unfilled is not serving any purpose, rather it frustrates the very purpose of the reservation – Directed State to consider the observations laid down in the present case and to fix number of seats again for residents and non-residents, from the next academic year. |
Judge | Hon'ble Mr. Justice Sudhanshu Dhulia |
Neutral Citation | 2023 INSC 457 |
Petitioner | Veena Vadini Teachers Training Institute (run By Veena Vadini Samaj Kalyan Vikash Samiti) |
Respondent | State Of Madhya Pradesh And Ors. |
SCR | [2023] 4 S.C.R. 106 |
Judgement Date | 2023-04-28 |
Case Number | 3177 |
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