1. Challenge to government resolution providing reservations for Scheduled Castes, Scheduled Tribes, and notified tribes at promotional stages for various service classes. (Para 2 )
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1998 Supreme(SC) 5
SUPREME COURT OF INDIA
G.R. CHAVAN
versus
State of Maharashtra
Decided on (January 6, 1998)
Important Points
The validity of the government resolution providing for reservation at the promotional stage was upheld, with the option for the petitioner to approach the appropriate court if the quota is exceeded.
Subject
Constitutional Law - Reservation
Act Referred
Headnote
Reservation - Government Resolution - The court upheld the government resolution providing for reservation in favor of certain categories at the promotional stage to various posts, with the observation that if the quota is exceeded, the petitioner can approach the appropriate court.
Fact of the Case:
The writ petition challenged a government resolution providing for reservation in favor of certain categories at the promotional stage to various posts. The petition was dismissed by the High Court, upholding the government resolution.
Finding of the Court:
The court dismissed the appeals, citing the decision in Indra Sawhney v. Union of India, and observed that if the quota is exceeded, the petitioner can approach the appropriate court.
Issues: The issue raised was the validity of the government resolution providing for reservation at the promotional stage to various posts.
Ratio Decidendi: The decision in Indra Sawhney v. Union of India was cited to conclude the matter, and the court observed that the petitioner can approach the appropriate court if the quota is exceeded.
Final Decision: The appeals were dismissed, and the government resolution providing for reservation was upheld, with the observation regarding approaching the appropriate court if the quota is exceeded.
Legal Category Hierarchy
Table of Contents
2. Validity of reservations for Scheduled Castes, Scheduled Tribes, and notified tribes at the promotional stage for various service classes. (Para 2 )
3. The legal questions regarding reservation policies are concluded by the decision in Indra Sawhney v. Union of India. (Para 3 )
4. Reservation policies are governed by the legal principles established in Indra Sawhney v. Union of India. (Para 3 )
5. Appeals dismissed, with liberty to approach the court if the reservation quota is exceeded during implementation. (Para 3 )
6. Which precedent governs the legal questions regarding reservation policies?
The legal questions regarding reservation policies are concluded by the decision of the court in Indra Sawhney v. Union of India. (Para 3 )
7. What remedy is available if a reservation quota is exceeded during implementation?
If the quota is exceeded while implementing the policy of reservation, the petitioner is open to approaching the appropriate court. (Para 3 )
( 1 ) THIS appeal is directed against the judgment of the full bench of the bombay High court which had also granted leave to appeal to this court under Article 134-A of the Constitution.
( 2 ) THE writ petition was filed in the Bombay High court challenging the government Resolution dated 23/5/1974, as amended from time to time, providing for reservation in favour of Scheduled Castes, Scheduled Caste converts to Buddhism, Scheduled Tribes, Denotified Tribes and Notified tribes at promotional stage to all Class I, Class II, Class III and Class IV posts in grades or services in which the element of direct recruitment did not exceed 50%. The writ petition was dismissed by a full bench of the Highcourt by its order dated 14/1/1986 and the government Resolution was upheld.
( 3 ) THE question raised in these appeals is concluded by the decision of this court in Indra Sawhney v. Union of India. The appeals are, therefore. dismissed with the observation that if in implementing the policy of reservation, the quota is exceeded, it would be open to the petitioner to approach the appropriate court.
