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SUPREME COURT OF INDIA
G.R. CHAVAN
versus
State of Maharashtra
Decided on (January 6, 1998)
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.
( 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.
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