Back
M. M. SUNDRESH, SATISH CHANDRA SHARMA
Airport Authority Of India – Appellant
Versus
Sham Krishna B – Respondent
| Table of Content |
|---|
| 1. background of appointments and selection process (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 15) |
| 2. arguments on merit and legal provisions for reservation (Para 17 , 18 , 19 , 21 , 22 , 23 , 24) |
| 3. court's analysis on law of merit versus reservation (Para 26 , 27 , 28 , 29 , 30 , 31 , 33) |
| 4. established legal principles on reservation and merit (Para 32 , 34) |
| 5. final ruling on the appeals (Para 35) |
JUDGMENT
SATISH CHANDRA SHARMA, J.
1. Leave granted.
2. The present appeals arising out of the final judgment and order dated 19.02.2020 passed by the Division Bench of the Hon’ble High Court of Kerala at Ernakulam in Writ Appeal bearing W.A. No. 1581 of 2018 (hereinafter “the Impugned Judgment”). SLP(C) No. 10686 of 2020 has been preferred by the Airport Authority of India (hereinafter “the Appellant Authority”), and SLP(C) No. 12937 of 2021 is filed by Krishna Chandran and another who had been impleaded as an additional Respondent in W.A. No. 1581 of 2018.
3. The Impugned Judgment directed, inter alia, that Sham Krishna (hereinafter “the first Respondent”), who is the Writ Petitioner, be appointed to a vacancy left vacant pursuant to the Learned Single Judge’s
Reservation policies in public employment must prioritize merit; candidates from reserved categories who qualify for general positions based on merit are to be treated as general category candidates.
Reserved category candidates who score above the general category cut-off must be treated as general candidates, ensuring merit prevails in recruitment processes as mandated by the Constitution.
Candidates from reserved categories can claim horizontal reservations in open categories based on merit unless explicitly prohibited by law or policy.
Merit must govern the selection of candidates across categories, allowing migration from reserved to open categories based on superior performance.
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
Merit-based selection requires inclusion of qualified candidates from reserved categories in the unreserved list at the preliminary examination stage, ensuring compliance with equality and fairness p....
The court established that the Maharashtra Public Service Commission has the authority to apply shortlisting criteria based on experience, and candidates from reserved categories may only migrate to ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
