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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.Panigrahi
Chinmaya Pasayat – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. introduction and overview of case facts. (Para 1 , 2 , 3) |
| 2. petitioners argue unlawful reservation for ex-servicemen. (Para 4) |
| 3. court's initial observations about case context. (Para 6 , 7) |
| 4. explanation of horizontal versus vertical reservation. (Para 8 , 9) |
| 5. procedure for applying horizontal and vertical reservations. (Para 10 , 11) |
| 6. clarification on proper application of ex-servicemen reservation. (Para 12 , 13 , 14 , 15 , 16) |
| 7. discussion on merit-based placement. (Para 17 , 18) |
| 8. court addresses timing and implications of recruitment process. (Para 19 , 20 , 21) |
| 9. court examines prior judgments for guidance. (Para 22 , 23 , 24) |
| 10. conclusion regarding corrective actions. (Para 25) |
| 11. final directives and resolution of writ petitions. (Para 26 , 27 , 28 , 29 , 30) |
JUDGMENT :
1. Since common question of facts and law are involved in all the above-mentioned Writ Petitions, the same were heard together and are being disposed of by this common judgment. However, this Court felt it apposite to deal with the W.P.(C) No.459 of 2016 as the leading case for proper adjudication of all these cases.
I. FACTUAL MATRIX OF THE CASE
(i) A notice of employment for the position
Reservation policies must not exceed 50% of total vacancies and should be applied in alignment with horizontal and vertical reservation principles without creating inequalities.
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....
Reservation for Ex-Servicemen is a special reservation under Article 16(1) and is a horizontal reservation, constituting a reservation within reservation. The intent of horizontal reservation is to i....
The court upheld the constitutional validity of category-wise horizontal reservation for ex-servicemen, affirming it does not violate merit principles or representation objectives.
Ex-servicemen who avail age relaxation cannot demand consideration in unreserved vacancies regardless of merit, as it contravenes governing recruitment rules.
Point of law: It is trite that the very purpose and object for justifying reservation is based on the concept of positive discrimination or affirmative action, which is meant for sections who are suf....
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