K.RAMASWAMY, G.B.PATTANAIK
Suresh Chandra – Appellant
Versus
J. B. Agarwal – Respondent
The legal document discusses the constitutionality of applying reservation rules in cases involving a single post, specifically in the context of promotion. The core facts are that the appellant sought consideration for a promotion to a higher post under the reservation policy, which involves applying a rotation or roster system to ensure reserved candidates are given opportunities in accordance with constitutional provisions. The respondent argued that reservation in a single post is not permissible, citing legal restrictions on applying reservation rules to solitary positions.
The court's reasoning indicates that reservation in a single post, when implemented through a rotation or roster system, is constitutionally valid, provided that the reserved candidates are considered at the appropriate roster points and the process adheres to eligibility criteria. It emphasizes that the reservation rules are applicable to promotion posts, and the application of such rules does not violate constitutional principles, as long as the process ensures fair consideration of reserved candidates at their designated roster points.
Furthermore, the court clarifies that while basic qualifications for initial recruitment are strict and cannot be relaxed, the same does not necessarily apply to promotion cases. In promotion scenarios, eligibility can be considered flexibly, including relaxing certain educational qualifications if other criteria are satisfied, provided such relaxations are within the legal framework and rules of recruitment.
The decision underscores that applying the roster system to a single post for reservation purposes is permissible, and the process must be transparent and consistent with constitutional mandates. The court dismisses the contention that reservation in a single promotion post violates constitutional principles, affirming that such reservation, when implemented correctly, is valid and does not contravene the rights guaranteed under the relevant articles of the Constitution.
Order
Leave granted. We have heard learned counsel on both sides.
2. This appeal by special leave arises from the judgment of the Division Bench of the Delhi High Court, made on April 18, 1995 in CWP No. 4254/94.
3. The admitted position is that to the post of the Assistant Manager (Electrical) carrying the pay scale of Rs. 1000-1600/-, the next channel of promotion is Senior Manager (Electrical) carrying the pay scale of Rs. 3000-4500/-. When the case of the appellant was sought to be considered for the said post by applying rule of roster, the respondent filed a writ petition. The High Court following the judgment of this Court in Dr. Chakradhar Paswan v. State of Bihar & Ors.1, had held that rule of reservation could, not be applied to the single post cadre as it would amount to 100% reservation violating Article 16(1) read with Article 14 of the Constitution. In Arati Ray Choudhury v. Union of India & Ors.2, a Constitution of this Court had held that the reservation in single post applying the rule of the roster is constitutionally valid. This Court has considered the entire case law in Union of India & Anr. v. Madhav3. The Bench of three Judges, to which both of us were members,
Arati Ray Choudhury v. Union of India & Ors.
Union of India & Anr. v. Madhav
State of U.P. v. Dr. Dina Nath Shukla & Anr.
S. Vinod Kumar & Anr. v. Union of India
Ahmedabad St. Xavier College v. State of Gujarat
Ashok Kumar Gupta v. State of U.P.
Dr. Chakradhar Paswan v. State of Bihar & Ors.
Dr. Pradeep Jain & Ors. v. Union of India & Ors.
Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College & Ors.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.