Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law:Reservation - For women - In direct recruitment - Not specified in the Advertisement-By subsequent Government Order, provided to the extent of 30% with retrospective effect - By further Notification percentage of reservation increased to 33⅓% - Permissibility to such reservation - Held: Reservation permissible - Rule providing reservation to women already existing on the date, the posts were advertised-Subsequent Notification only increased percentage for such reservation - State has the power to make Rules with retrospective effect and retro-active operation-The rule providing reservation having been given retrospective effect and particularly when its constitutionality has not been questioned would be applicable - Andhra Pradesh State and Subordinate Service Rules - r. 22-A - Constitution of India, 1950 - Article 309 Proviso - Retrospective Operation.Recruitment - Screening test - Second screening test with the approval of Administrative Tribunal - Candidates challenging selection process on the ground that preparation time given for second screening test was very short - Held: Selection process not being discriminatory, could not be set aside on this ground alone.Andhra Pradesh Public Service commission issued Notification inviting applications for recruitment to various posts including the posts of Assistant Director of Agriculture. No stipulations were made in the Notification, regarding reservation for the women. Appellants had applied for the post of Assistant Director, in terms of the Notification. About 510 candidates appeared for screening test on 27.12.1992.Appellants-candidates filed original application on different grounds which was dismissed by the Tribunal. During pendency of the, application, State had issued Government Order on 6.10.1995 providing for reservation for women candidates to the extent of 30% in the matter y of direct recruitment with retrospective effect from 2.1.1984. By another Notification, dated 28.5.1996, State increased the percentage of reservation to 33⅓%.An application by the Commission seeking short-listing of the candidates was allowed by the Tribunal As per direction of the Tribunal a Notification for conducting a fresh screening test was issued on 12.12.2000 whereby second screening test of 510 candidates was to be conducted on 7.1.2001. Candidates filed original applications on the ground that reservation for women could not have been provided in terms of Notification dated 28.5.1996 and that a very limited time had been given to them for appearing in the second screening test. In the meantime Commission interviewed the suitable candidates. The applications were dismissed by the Tribunal holding that the Selections had to revised restricting the reservation for women to the extent of 30%.Writ Petitions by the candidates as well as the Commission, challenging the order of the Tribunal, were dismissed. Hence the present appeals by the candidates and also by the Commission. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1084 |
Petitioner | Marripati Nagaraja And Ors. |
Respondent | The Government Of Andhra Pradesh And Ors. |
SCR | [2007] 11 S.C.R. 506 |
Judgement Date | 2007-10-12 |
Case Number | 4868 |
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