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ORISSA HIGH COURT
MAHANADI COAL FIELDS LTD. BURLA – Appellant
Versus
RATNAKAR NAYAK – Respondent
JUDGMENT :
HARISH TANDON, CJ.
1. The batch of writ appeals filed by the appellants are taken up analogously as the challenges made to a judgment dated 17.12.2024 passed by the Single Bench disposing of several writ petitions (W.P.(C) Nos. 459 of 2016, 6592 of 2016, 22915 of 2015, 23063 of 2015, 18652 of 2016, 15241 of 2016, 23061 of 2015, 568 of 2016 & 22914 of 2015, vide order dated 17.12.2024) involving the common issue. It would invite the repetition of facts which are identical in nature and, therefore, in order to avoid the prolixity of repetitions, the salient features which appear to us common in all cases are succinctly narrated in order to address the issues raised in the instant appeals.
2. An employment notice under reference No, MCL/MP&R/Recruitment/2014/166 dated 19.02.2014 was published in Odia and English daily newspapers for inviting applications from the Indian nationals to fill up the specified vacancies arisen in Security Guard T&S Grade G earmarking a total number of vacancies to 303, out of which 43 posts were reserved for SC, 66 for ST, 36 for OBC and 158 for general candidates. It was also expressly indicated in the said advertisement that the reservation shall
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 policies must not exceed 50% of total vacancies and should be applied in alignment with horizontal and vertical reservation principles without creating inequalities.
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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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