Chairman And Managing Director FCI vs Jagdish Balaram Bahira

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(SC) 625

JAGDISH SINGH KHEHAR, N. V. RAMANA, D. Y. CHANDRACHUD
Chairman And Managing Director FCI – Appellant
Versus
Jagdish Balaram Bahira – Respondent

Advocates Appeared:
For the Appellants : Mr. S.S. Shamshery, Mr. A.K. Srivastava, Ms. B. Sunita Rao, Mr. B. Krishna Prasad, Mr. Ravindra Keshavrao Adsure, Ms. Anagha S. Desai, Mr. Sushil Karanjkar, Mr. K.N. Rai, Mr. Aniruddha Joshi, Mr. Rajeev Maheshwaranand Roy, Mr. Piyush Sharma, Mr. Rahul Chitnis, Mr. Aaditya Pande, Mr. Chander Shekhar Ashri, Mr. Kishor Lambat, For M/s. Lambat And Associates, Ms.Indra Sawhney, Mr. Nishant Ramakantrao Katneshwarkar, Mr. Sunil Kumar Verma, Ms. Shobha Ramamoorthy, Mr. Sri Ram J. Thalapathy, Mr. V. Adhimoolam, Mr. Shilp Vinod, Mr. Kishor Lambat, Mr. Rabin Majumder, Mr. Gopal Balwant Sathe, Mr. Debesh Panda, Mr. Uday B. Dube, Adv.
For the Respondents: Mr. Gagan Sanghi, Mr. Rameshwar Prasad Goyal, Mr. C.G. Solshe, Ms. Anagha S. Desai, Mr. Nishant Ramakantrao Katneshwarkar, Ms. Shubhangi Tuli, M/s. S.M. Jadhav And Company, Mrs. Gunjan Sinha, For M/s. M.V. Kini & Associates, Mr. E.C. Agrawala, Mr. Kishor Lambat, For M/s. Lambat And Associates, Ms. Manju Jetley, Mr. D.S. Mahra, Mr. Suhas Kadam, For M/s Lemax Lawyers & Co., Mr. Nirnimesh Dube, Mr. Rahul Chitnis, Mr. Aaditya Pande, Mr. Chander Shekhar Ashri, Mr. Sudhanshu S. Choudhari, Adv.

JUDGMENT :

D.Y. Chandrachud, J.

1. Delay condoned in SLP (C)……CC No. 10889 of 2015.

2. Leave granted in the Special Leave Petitions.

A. The perspective

3. The framers of the Constitution conceived of a policy of affirmative action to redress the social exclusion, economic deprivation and political alienation suffered by historically disadvantaged classes of Indian society. Reservation of posts in public employment and seats for admission in educational institutions and the setting apart of seats in electoral bodies was envisaged by the Constitution for the fulfilment of a constitutional aspiration of social justice to the Scheduled Castes and Tribes and to socially and educationally backward classes of citizens. In pursuit of the constitutional goal of substantive equality, reservations have been envisaged as a means of enabling members of beneficiary groups to realise, in a true sense, dignity, freedom and liberty which the Constitution guarantees as its basic philosophy. But the problem which has confronted legislatures, policy makers as well as courts (as enforcers of the rule of law) is a capture of the benefits of affirmative action programmes by persons who do not genuinely belong

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2017 Supreme(SC) 625

JAGDISH SINGH KHEHAR, N. V. RAMANA, D. Y. CHANDRACHUDChairman And Managing Director FCI – AppellantVersusJagdish Balaram Bahira – Respondent

Cases Referred (25)

JAGDISH SINGH KHEHAR, N. V. RAMANA, D. Y. CHANDRACHUD
Chairman And Managing Director FCI – Appellant
Versus
Jagdish Balaram Bahira – Respondent