Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Single Post as a Cadre - Main points and insights: The Supreme Court in State of Karnataka & Ors. v. K. Govindappa & Anr. (2009) 1 SCC 1, held that a solitary post cannot constitute a cadre for reservation purposes. The Court emphasized that reservation cannot be applied to a single isolated post, as this would effectively amount to 100% reservation, which is impermissible. The judgment clarified that only posts forming a proper cadre—i.e., a group of posts constituting a functional unit—are eligible for reservation considerations ["THE STATE OF KARNATAKA Vs SARVANGA VIDYA PEETA, - Karnataka"]. The Court also observed that a single post cannot be treated as a cadre in itself for the purpose of reservation. ["THE STATE OF KARNATAKA Vs SARVANGA VIDYA PEETA, - Karnataka"]
Reservation in respect of posts - Main points and insights: The Court reaffirmed that reservation cannot be extended to a solitary post, citing earlier judgments such as Post Graduate Institute of Medical Education & Research (1998) 4 SCC 1 and Dr. Chakradhar Paswan (1988) 2 SCC 214, which support the view that reservation applies to categories of posts, not individual isolated posts. The Court distinguished cases where posts are considered separate cadres, emphasizing that only when posts are clubbed category-wise can reservation be valid. Reservation cannot be applied to a solitary post as it would amount to 100% reservation. ["Aulie Banerjee VS Maulana Abul Kalam Azad University - Calcutta"] The Court held that a single post, such as a lecturer in a specific subject, cannot constitute a cadre for reservation. ["THE STATE OF KARNATAKA Vs SARVANGA VIDYA PEETA, - Karnataka"]
Implication for policy and administrative practice - Main points and insights: The judgment underscores the importance of treating posts as part of a cadre for reservation policies. It prevents arbitrary or excessive reservation in single posts, ensuring compliance with constitutional principles and existing legal standards. The Court also suggested that if there is a proposal to create an additional post, it should be considered within the rules and regulations, reflecting a cautious approach to reservation in isolated posts. The Court advised that the creation of additional posts should fall within the parameters of the Rules or Regulations of the State. ["THE STATE OF KARNATAKA Vs SARVANGA VIDYA PEETA, - Karnataka"] The decision aims to prevent 100% reservation in a single post, maintaining the integrity of reservation policies. ["Aulie Banerjee VS Maulana Abul Kalam Azad University - Calcutta"]
Conclusion:The Supreme Court in State of Karnataka & Ors. v. K. Govindappa & Anr. (2009) emphasized that reservation policies cannot be applied to a single, isolated post, as it would violate constitutional principles and lead to 100% reservation. Only posts forming a proper cadre, with category-wise grouping, are eligible for reservation considerations, ensuring a fair and standardized approach to employment reservations.
In the realm of government employment in India, reservation policies play a crucial role in promoting social justice. However, these policies have boundaries, particularly when it comes to solitary posts. A pivotal Supreme Court judgment, State of Karnataka & Ors. vs. K. Govindappa & Anr. (2009) 1 SCC 1, clarified that reservation cannot be applied to a single, non-interchangeable post, treating it as a separate cadre. This ruling has far-reaching implications for recruitment in public services, especially in educational institutions.
If you've ever wondered about the question: STATE OF KARNATAKA & ORS. VS. K. GOVINDAPPA & ANR., (2009) 1 SCC, this blog post breaks down the case, its key findings, and how it influences modern reservation practices. Note: This is general information based on judicial precedents and not specific legal advice. Consult a qualified lawyer for your situation.
The Supreme Court held that the post of Lecturer in History is a solitary and non-interchangeable position, constituting its own cadre. Therefore, reservation cannot be applied to such a single postState of Karnataka VS K. Govindappa - 2008 8 Supreme 661. The Court stressed that reservation requires a plurality of posts within a cadre for fair implementation R. R. Inamdar VS State Of Karnataka - 2019 0 Supreme(SC) 2285.
In essence, a cadre typically denotes a group of posts or a part of a service, but a lone post does not qualify R. R. Inamdar VS State Of Karnataka - 2019 0 Supreme(SC) 2285. This principle ensures that reservation does not undermine merit in isolated roles.
These points underscore the need for plurality as a precondition for reservation NIROOP RAJ K. P. S/O LATE K. V. PURUSHAN VS COCHIN PORT TRUST - 2022 0 Supreme(Ker) 963.
Reservation under Articles 16(4) and 15(4) of the Constitution aims at substantive equality but applies only to cadres with multiple posts. The Court defined a cadre as a group of posts or a part of a service sanctioned as an independent unit, which may include various grades and temporary or shadow posts R. R. Inamdar VS State Of Karnataka - 2019 0 Supreme(SC) 2285. A single post, however, falls outside this scope.
The judgment reiterated: The words 'service' or 'post' and 'cadre' are expressions which cannot be equated with each other NIROOP RAJ K. P. S/O LATE K. V. PURUSHAN VS COCHIN PORT TRUST - 2022 0 Supreme(Ker) 963. Without multiple posts, proportional reservation becomes impractical.
The dispute centered on recruiting a Lecturer in History, a unique post not interchangeable with other subjects. The Court ruled it a separate cadre, rejecting reservation claims R. R. Inamdar VS State Of Karnataka - 2019 0 Supreme(SC) 2285. This echoed earlier decisions like State of Karnataka & Ors. v. K. Govindappa, affirming non-interchangeability State Of Kerala VS G. Radhakrishna Pillai - 2021 0 Supreme(Ker) 1113.
Prior law supports that an isolated and separate post can exist within a cadre but cannot be reserved if it is the only such post State of Karnataka VS K. Govindappa - 2008 8 Supreme 661. Reservation thrives on distribution across multiple vacancies.
A cadre may span multiple posts, grades, and even shadow or temporary posts R. R. Inamdar VS State Of Karnataka - 2019 0 Supreme(SC) 2285. Absent this, no reservation. The Court clarified: The expression 'cadre', 'posts' and 'service' cannot be equated with each other R. R. Inamdar VS State Of Karnataka - 2019 0 Supreme(SC) 2285. This prevents reserving unique roles, preserving efficiency.
This ruling has been cited extensively. For instance, in a later matter, reliance was placed on State of Karnataka & Ors vs K. Govindappa & Anr : (2009) 1 SCC 1, noting: a post which is not interchangeable with other post or posts constitutes a separate cadre Santosh Kumar Khare VS State Of U. P. Through Secy. - 2022 Supreme(All) 159.
Similarly, in challenges to university recruitments, courts applied the principle to single Assistant Professor posts in History, directing fresh selections without reservation Mahesh Kumar Singh VS Union of India - 2017 Supreme(Del) 2019. One case observed: there was only one post of Assistant Professor in the Department of History... as such, there could not be any reservation for the said post Mahesh Kumar Singh VS Union of India - 2017 Supreme(Del) 2019.
In Pushpa Rani & Ors. and related High Court decisions, the Govindappa judgment disposed of writs affirming no reservation for solitary lecturer posts THE STATE OF KARNATAKA Vs SARVANGA VIDYA PEETA,. Another ruling set aside reservations for single History lecturer positions, rejecting constructive res judicata as it wasn't previously addressed Mahesh Kumar Singh VS Union of India - 2017 Supreme(Del) 2019.
University-level applications further illustrate: Reservation must be subject-wise or department-wise, not university-wide, to avoid Article 14 violations where some departments get all reserved candidates VIVEKANAND TIWARI VS UNION OF INDIA - 2017 Supreme(All) 518. The Supreme Court in R.R. INAMDAR vs THE STATE OF KARNATAKA - 2019 Supreme(Online)(SC) 598 distinguished Govindappa, questioning if all lecturer posts form one cadre or if solitary ones stand alone.
These references reinforce the judgment's enduring authority.
While strict for solitary posts, exceptions exist:- Multiple posts in a cadre: Reservation applies proportionally.- Interchangeable roles: If posts can rotate, they form a larger cadre.- Supernumerary posts: Creating additional vacancies may enable reservation.
The Court’s logic hinges on interpretation of the words cadre and post and the requirement of plurality of posts R. R. Inamdar VS State Of Karnataka - 2019 0 Supreme(SC) 2285. Single posts remain unreserved unless restructured.
The State of Karnataka vs K. Govindappa case firmly establishes that reservation policies require a plurality of posts within a cadre. Solitary, non-interchangeable positions like the Lecturer in History are exempt, promoting administrative efficiency while upholding constitutional goals. This precedent guides recruitments in education and beyond, cited in numerous subsequent rulings.
Key Takeaways:- Single posts = Separate cadres = No reservation State of Karnataka VS K. Govindappa - 2008 8 Supreme 661.- Always verify cadre composition before quotas.- Restructuring may allow reservations in unique scenarios.
This analysis draws from the judgment and related sources for educational purposes. For personalized guidance, seek professional legal counsel. Stay informed on evolving reservation jurisprudence!
#ReservationLaw, #SinglePostCadre, #GovindappaRuling
Pushpa Rani & Ors., (2008) 9 SCC 242; and State of Karnataka & Ors. v. K. Govindappa & Anr., AIR 2009 SC 618). ... GOVINDAPPA AND ANOTHER reported in (2009)1 SCC 1. ... GOVINDAPPA AND ANOTHER reported in (2009)1 SCC 1, has disposed of the writ petition holding tha....
Reservation cannot be applied to a single isolated post as it would amount to 100% reservation and in support of such contention reliance has been placed on 2009 (1) SCC 1 (State of Karnataka & Ors. v. K. Govindappa & Anr.). ... In support of such contention reliance has been placed on 1998 (4) SCC 1 (Post Graduate Institute of Medical Education & Research, Chandigarh v. Faculty Association & #HL_....
of Karnataka & ors. v/s K. ... The judgment of the Supreme Court in the case of State of Karnataka & ors. v/s K. Govindappa & anr. ... Govindappa & anr., reported in (2009) 1 S.C.C. 1 anr. ... of Karnataka & ors. v/s K.
He relied on Kurvan 1 (2009) 14 SCC 1 Ansari alias Kurvan Ali & Anr. V/s. ... Managing Director, North West Karnataka Road Transport Corporation (NWKRTC), Hubli [Chikodi Division], Karnataka – State, (original respondent no.2) 3. ... The Court also referred to its decision in Kishan Gopal (supra), where 3 (2013) 15 SCC 45 4 (2014) 1 SCC 244 5 (2020) 7 SCC 256 the deceased was a 1....
in 1 (2009) 1 SCC 1 3 appeal, dealt with the issue as to whether all posts of Lecturers taken together constituted a cadre for the purpose of reservation or whether a solitary ... INAMDAR Appellant(s) VERSUS THE STATE OF KARNATAKA & ORS. ... This was, however, sought to be distinguished by the State in K Govindappa (supra). ... Appellan....
PETITIONERS 1(A TO C) ARE Court of Karnataka R/AT T. ... SRINIVASA S/O LATE GOVINDAPPA AGED ABOUT 45 YEARS 1(C). G. ... GOVINDAPPA S/O LATE VENKATRAYAPPA SINCE DEAD BY LR'S 1(A). G. MANJUNATHA S/O LATE GOVINDAPPA AGED ABOUT 58 YEARS 1(B). G. ... 1(E). SMT. SHOBHA G W/O B.V. VENKATESH D/O LATE GOVINDAPPA AGED ABOUT 48 YEARS THAMMANAYAKANAHALLI VILLAGE JATHAVARA POST, NADI HOBLI CHICKBALLAPUR TALUK - 562 101 CHICKBA....
as by the Division Bench in 1 (2009) 1 SCC 1 appeal, dealt with the issue as to whether all posts of Lecturers taken together constituted a cadre for the purpose of reservation or whether a solitary ... of the State of Karnataka. ... INAMDAR Appellant(s) VERSUS THE STATE OF KARNATAKA & ORS. ... He stated that the management has submitted a proposal to the State of Karnataka for t....
KUMAR & ANR. ... The State Commission found that rest of the demands of the complainants were attended to, except installation of Generator/Transformer. The petitioners were directed to install the Generator. The State Commission gave the following directions to the respondents:- 1. ... Commission Karnataka)1. ... NEELAM SHANKAR & ANR.No. ... No. 86/131, Govindappa Road, BasavanagudiBangalore - 560004Karnatakatd align="l....
CHANDRASHEKAR G.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. ... PRAKASH, S/O GOVINDAPPA, AGED ABOUT 48 YEARS, Digitally signed R/A SRIRAMPURA, by NANDINI B G HOSADURGA TALUK, Location: High CHITRADURGA DISTRICT. Court of Karnataka 4. ... GOVINDAPPA H S/O HANUMANTHAPPA, AGED ABOUT 58 YEARS, R/A GARIMBILU, HOSADURGA TALUK, CHITRADURGA DISTRICT 92. RENUKAMM....
The learned Single Judge held that the post of Lecturer in English was a solitary post and in view of the law laid down by this Court in State of Karnataka vs. K Govindappa (2009) 1 SCC 1 , the post could not have been reserved. ... Faculty Association (1998) 4 SCC 1 had approved the view in Dr. Chakradhar Paswan vs. State of Bihar (1988) 2 SCC 214 to the effect that there could be no reservation ....
In support of his contention he has placed reliance on the judgment of the Supreme Court in the case of State of Karnataka & Ors vs K.Govindappa & Anr : (2009) 1 SCC 1. Relevant paras of the aforesaid judgment are reproduced hereunder:- Learned counsel for the petitioner submits that a post which is not interchangeable with other post or posts constitutes a separate cadre.
9. Puttaswamy Vs. State of Karnataka and ors. (2009) 1 SCC 711. 8. Ishwar Singh Vs. State of Madhya Pradesh, (2008) 15 SCC 667. 10. Amar Nath Shukla Vs. State of Uttaranchal (2009) 9 SCC 390. 11.
(6) State of Punjab Vs. Hari Kishan Sharma, AIR 1966 SC 1081. (5) State of Karnataka & Anr. Vs. H. Ganesh Kamath & Ors., (1983) 2 SCC 402. (4) Management of D.T.U. Vs. B.B.L. Hajelay, (1972) 2 SCC 744. (7) Dipak Babaria & Anr. Vs. State of Gujarat & Ors., (2014) 3 SCC 502.
In support of his contention before the Tribunal, the Petitioner relied upon the judgment of the Hon’ble Apex Court in the case of State of Karnataka and Anr. Vs. K. Govindappa & Anr. reported at (2009) 1 SCC 1. 6. The contention of the Petitioner before the Tribunal was that there was only one post of Assistant Professor in the Department of History, ACC, IMA and as such, there could not be any reservation for the said post.
(v) Pramod Madhukarrao Padole and another v. Chancellor, Nagpur University and others, 1991 Mh LJ 1487 (Full Bench-Bombay High Court). With such observations and conclusions, the Supreme Court disposed of the matter by observing that since the position of law has been indicated and explained, the Vice-Chancellor of the University would act accordingly. (ii) State of U.P. v. M.C. Chatopadhyay and others, (2004) 12 SCC 333. (vi) Dr. Raj Kumar v. Gulbarga University, (FB) 1990 Kant 320-Karnataka High Court. In this case, there was a single post of Lecturer of History subject in an aided private....
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