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SANJAY K. AGRAWAL
Bajarang Lal Bansal, S/o. Late Shri Shyam Lal Bansal – Appellant
Versus
Chhattisgarh Public Service Commission, Through its Secretary – Respondent
ORDER :
(Sanjay K. Agrawal, J.)
1. The petitioner herein calls in question the validity of the advertisement dated 30-7-2014 issued by the Chhattisgarh Public Service Commission – respondent No.1 herein seeking the same to be declared as void inoperative in respect of the post of Assistant Professor (Cardiology) on the ground that single post of Assistant Professor (Cardiology) has been reserved for Scheduled Tribe candidate that amounts to 100% reservation and contrary to the well settled law.
2. The aforesaid challenge has been made on the following factual backdrop: -
3. The petitioner is Doctor of Medicine (DM) in Cardiology and working as Assistant Professor in the Department of Cardiology in the Government Medical College. The subject advertisement has been issued in accordance with the provisions of the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 for recruitment from amongst other posts on one post of Assistant Professor (Cardiology) in the Government Medical College. Case of the petitioner is that since single post has been advertised for appointment of Assistant Professor (Cardiology), reservation roster would be inapplicable, otherwise, if the
Reservation in employment under Article 16(4) of the Constitution requires plurality of posts; a solitary post cannot be reserved, as it violates the constitutional bar against 100% reservation.
Point of law: Reservation of post - reservation has to be subject-wise - a case cannot be referred to a larger Bench on mere asking of a party. A decision by two Judges has a binding effect on anothe....
The main legal point established in the judgment is that reservation can be applied subject-wise to the post of Professor in the University, and the need to follow the roster issued by the State Gove....
The court ruled that no reservation is necessary for super specialty posts, affirming that adherence to merit must prevail in such appointments.
The ceiling limit for reservations in recruitment must not exceed 50%, and backlog vacancies should be managed according to established legal principles, ensuring equality of opportunity for all cand....
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