G.S.SINGHVI, C.V.NAGARJUNA REDDY
Mrs. Y. Susheela – Appellant
Versus
Asst. General Manager (Admn) for Chief General Manager – Respondent
G.S. Singhvi, C.J.
Article 14 of the Constitution of India declares that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Article 16(1) lies down that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. The Courts have interpreted this facet of the doctrine of equality as casting duty on every public authority to make appointment to public services and on the posts in connection with the affairs of the State by adopting a mechanism, which ensures opportunity to all similarly situated persons to compete for selection. One exception to this rule can be found in the constitutional scheme of reservation for Backward Classes, Scheduled Castes, Scheduled Tribes and Women. The other exception can be found in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which provides for reservation for physically challenged persons. The courts by have carved third exception out according approval to the policies framed by the governments and their agencies/instrumentali
Ranjeet Mal v. General Manager, Northern Railway, New Delhi
REFERRED TO : Umesh Kumar Nagpal vs. State of Haryana
Jagadish Prasad v. State of Bihar
State of Manipur v. Mohd. Rajaodin
Punjab National Bank v. Ashwini Kumar Taneja
General Manager (DandPB) v. Kunti Tiwary
National Hydroelectric Power Corporation v. Nanak Chand
Commissioner of Public Instructions v. K.R. Vishwanath
State of JandK v. Sajad Ahmed Mir
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