Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Mahanadi Coalfields Ltd. – Appellant
Versus
Chinmaya Pasayat – Respondent
| Table of Content |
|---|
| 1. factual background of employment notice and recruitment process. (Para 1 , 2) |
| 2. arguments surrounding the validity of the selection process. (Para 3 , 5 , 6) |
| 3. court's analysis on reservation practices for ex-servicemen. (Para 4 , 7 , 11 , 13) |
| 4. principles regarding horizontal vs. vertical reservations in law. (Para 8 , 9 , 10 , 12) |
| 5. conclusion dismissing the writ appeals and upholding single bench decision. (Para 14) |
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/Re
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.
Ex-servicemen reservation is overall horizontal, applied across vertical categories post-merit lists; recruitment terms fixed at advertisement cannot be altered by subsequent prospective instructions....
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.
No horizontal reservation or carry forward of unfilled ESM vacancies in Group 'B' posts; such vacancies filled by next meritorious general category candidate without keeping posts vacant.
Ex-servicemen who avail age relaxation cannot demand consideration in unreserved vacancies regardless of merit, as it contravenes governing recruitment rules.
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
