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1998 Supreme(SC) 494

G.N.RAY, S.RAJENDRA BABU, S.C.AGRAWAL, A.S.ANAND, S.P.BHARUCHA
Post Graduate Institute Of Medical Education And Research, Chandigarh: S. S. Kalsi: State Of Punjab: Union Of India: State Of Punjab: State Of Punjab – Appellant
Versus
Faculty Association: M. L. Sehgal: M. L. Sehgal: K. Sivan: Harcharan Singh: Shangara Singh – Respondent


Judgment

G.N. Ray, J.-In all these matters a common question arises for deci­sion as to whether in a single cadre post reservation for the backward classes, namely, Scheduled Castes, Scheduled Tribes and other backward classes can be made either directly or by applying rotation of roster point. There are conflicting decisions of this Court on the question of such reservation in a single cadre post.

2. The learned counsel for the parties in all these matters have agreed that the question of law as to the constitutional validity of reservation in a single cadre post is to be decided by the Constitu­tion Bench and thereafter the cases will be placed before the ap­propriate Bench for disposal on merits in accordance with decision rendered by this Bench. Therefore, the question of constitutional validity of reservation in a single cadre post either directly or by rotation of roster point has been considered by us and we have not taken into consideration other constitutions raised in these matters.

3. In support of the contention that reservation can be made not only in respect of the promotional post but also in respect of a single post in a cadre, Mr. E.C. Agrawala, learned counsel appea

















































































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