Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Md. Rashidul Islam, S/o Late Md. Aminul Islam – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. selection processes should comply with laws regarding women's reservations. (Para 2 , 9 , 13) |
| 2. mandatory reservation of 30% for women in job vacancies. (Para 3 , 4 , 5) |
| 3. requirement for implementation of women's reservation in selection processes. (Para 6 , 7) |
| 4. selection board's resolutions regarding candidacy and reservation policies. (Para 10 , 11 , 12) |
| 5. arguments regarding the application of horizontal reservations. (Para 14 , 15 , 16) |
| 6. the implementation of horizontal reservation must follow established procedures. (Para 19) |
| 7. guidelines for implementing horizontal reservation for women. (Para 21 , 22 , 23) |
| 8. court's dismissal of the petition despite procedural irregularities. (Para 25 , 26) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr R Islam, the learned counsel appearing on behalf of the petitioner. Mr H K Das, the learned Standing Counsel appears on behalf of the respondent Nos. 2 and 3, and Mr S Das, the learned counsel appears on behalf of the respondent No. 5. Mr K R Gogoi, the learned Government Advocate, Assam appears on behalf of the respondent Nos. 1 and 4.
2. The petitioner, herein, is aggrieved by the selection and appointment of the respondent No. 5
The court held that mandatory reservations for women under the Assam Act must be strictly adhered to, despite procedural irregularities, emphasizing legislative intent for wider women's participation....
Reservation for women in job postings requires adherence to merit, enabling candidates from reserved categories to compete for unreserved positions, based on legal provisions stipulated in the Assam ....
The court established that horizontal reservations must ensure that women candidates fulfilling merit criteria cannot be displaced by category claims if they satisfy reservation requirements.
The court affirmed that horizontal reservation must be applied correctly, ensuring merit-based selection without exceeding prescribed quotas, and upheld the applicant's claim for appointment due to i....
The court ruled that reservations for Ex-Servicemen must be applied horizontally rather than vertically to comply with constitutional mandates, ensuring fair selection and not exceeding the 50% cap o....
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
