Searching Case Laws & Precedent on Legal Query....!
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Searching Case Laws & Precedent on Legal Query....!
Scanned Judgements…!
References:["Pushpa Gendare v. State of Chhattisgarh and Others - Chhattisgarh"]["Gunwanta Pundlik Kale VS State of Maharastra - Bombay"]["Amit Kumar VS State of Himachal Pradesh - Himachal Pradesh"]["Kago Doni S/o Lt. Kago Tana VS State Of A. P. - Gauhati"]["Kago Doni, S/o. Lt. Kago Tana VS State of A. P. , Represented through Chief Secretary, Govt. of A. P. , Civil Secretariat - Gauhati"]["Shikha Abrol VS State Of U. P. Thr. Prin. Secy. Sainik Kalyan Lko. - Allahabad"]["Arti Sanghi VS State of U. P. - Allahabad"]["M. Venkateswara Rao VS D. Indeevar - Andhra Pradesh"]["Smt. Pushpa Gendare vs State Of Chhattisgarh - Chhattisgarh"]["Sandrapati Vijaya Kumar VS State of Andhra Pradesh - Andhra Pradesh"]["Rajni Bala, daughter of Dhahram Pal, wife of Sh. Chanchal Singh VS State of Jammu and Kashmir, through its Chief Secretary - Jammu and Kashmir"]
In the competitive landscape of government jobs in India, understanding reservation policies is crucial for aspirants. A common query arises: what is the case law on reservation of posts in government offices? Particularly in Odisha, courts have clarified rules on vertical reservations (for SC, ST, SEBC) and horizontal ones (for women, sportspersons, physically handicapped, ex-servicemen). These apply across various groups, including Group A (Junior Branch) services. This post breaks down key principles, disputes, and judicial findings to help you navigate recruitment processes effectively.
Note: This is general information based on case law and not specific legal advice. Consult a lawyer for personalized guidance.
Odisha follows a structured reservation framework in state civil services and government posts. Vertical reservations target SC, ST, and SEBC categories, while horizontal reservations—such as 33% for women and 1% for sportspersons—are applied compartmentally within each vertical category. This means horizontal quotas are carved out separately in UR, SC, ST, and SEBC, potentially exceeding the overall percentage.
As outlined in key resolutions, Horizontal reservations (e.g., women at 33%, sportspersons at 1%) are compartmentalized, meaning applied within each vertical category (UR/SC/ST/SEBC) Archana Kanungo VS State of Orissa - 2024 0 Supreme(Ori) 16. For instance, in a compartmentalized system, 1/3rd post for women are to be reserved in each category le. UR (w)-17, SEBC (w)-4, SC (w)-5, ST (w)-B. Hence, the total number of posts required to be filed up for women in compartmentalized horizontal reservation may be more than 1/3rd of total vacancy Archana Kanungo VS State of Orissa - 2024 0 Supreme(Ori) 16.
This differs from an overall horizontal approach, where totals remain fixed. Courts emphasize merit-first selection: (1) Fill open merit (at least 50%), (2) Vertical quotas, (3) Adjust horizontal by accommodating within verticals if underrepresented Archana Kanungo VS State of Orissa - 2024 0 Supreme(Ori) 16.
A significant development came via a 2014 government resolution extending sportsperson reservations (previously for Groups B, C, D) to Group A (JB) posts like Orissa Administrative Service. The resolution states: Government, therefore after careful consideration have been pleased to extend the benefits of reservation for sportsmen enumerated in General Administration Department Resolution No.24808/ Gen, Dated. 18.11.1985 in case of direct recruitment to Group A (JB) services/posts Archana Kanungo VS State of Orissa - 2024 0 Supreme(Ori) 16.
In disputes, candidates like Dr. Archana Kanungo claimed 1% sports quota in Assistant Professor recruitment, but courts rejected due to low interview marks and disputed Group A applicability—though the 2014 extension supports it Archana Kanungo VS State of Orissa - 2024 0 Supreme(Ori) 16. Valid claims require recognition (e.g., PPSAN No.) and meeting merit cut-offs.
Advertisements often specify tentative horizontal reservations: Advertisements specify tentative reservations for women, ex-servicemen, sportspersons, and physically handicapped, subject to rules Arun Kumar Shasani VS State of Orissa - 2022 0 Supreme(Ori) 297. Women in UR compete openly; shortfalls don't mandate diversions from reserved categories.
In Odisha Civil Services (380 posts), a petitioner alleged UR women shortfall (33.33% of 190 UR ≈63 posts) due to SEBC diversion. The court clarified: UR vacancies are open to all category of candidates. Accordingly, the Commission, recommended names of suitable candidates against UR vacancies (including Women) in view of their respective merit Jayashree Dhal VS State of Odisha - 2022 0 Supreme(Ori) 473. Meritorious reserved candidates fill UR without depleting quotas, and low merit bars claims.
Similar issues in local bodies highlight compartmentalization. In Karnataka cases, reservations for women in panchayat posts were upheld, but rotations must consider past elections and population Shivanand S/o Mailari Kadgonda VS State of Karnataka Department of Rural Development and Panchayat Raj - 2023 Supreme(Kar) 381.
The 2021 clarification mandates a phased approach:- Select open merit candidates (≥50% posts) on pure merit.- Fill vertical quotas.- Adjust horizontals: If it is not so satisfied, the requisite number of horizontal reservation candidates shall have to be taken and adjusted/ accommodated against their respective vertical reservation categories by deleting the corresponding number of candidates therefrom Archana Kanungo VS State of Orissa - 2024 0 Supreme(Ori) 16.
Meritorious reserved candidates in open merit aren't counted against quotas. In Junior Assistant recruitment (218 posts), 69 were for women, with other horizontals adjustable Arun Kumar Shasani VS State of Orissa - 2022 0 Supreme(Ori) 297.
Reservations aren't absolute:- Tentative numbers: Subject to rules at appointment stage Arun Kumar Shasani VS State of Orissa - 2022 0 Supreme(Ori) 297.- Merit thresholds: No entitlement without cut-offs (e.g., sports claims fail on low marks) Archana Kanungo VS State of Orissa - 2024 0 Supreme(Ori) 16Jayashree Dhal VS State of Odisha - 2022 0 Supreme(Ori) 473.- Single posts: Reservations require plurality; solitary posts can't be 100% reserved, as it violates Article 16. Reservation roster applies only when there is plurality of posts; single post cannot be reserved Bajarang Lal Bansal, S/o. Late Shri Shyam Lal Bansal VS Chhattisgarh Public Service Commission, Through its Secretary - 2024 Supreme(Chh) 608.- Disabilities: Claims under unreserved if qualified, but posts must be identified for reservation. Exclusion must be explicit based on job nature Lali. D. S. VS Mahatma Gandhi University - 2010 Supreme(Ker) 322.
In promotions and contractual regularization, transparency matters but isn't limited to ads. For Group C/D, follow recruitment procedures Badri Narayan Routray VS State of Orissa - 2022 Supreme(Ori) 341. Local body elections allow state laws for SC/ST/women reservations under List II, Seventh Schedule M. Palanimuthu VS Chief Election Commissioner Election Commission of India Nirvachan Sadan Ashoka Road, New Delhi - 2012 Supreme(Mad) 1465.
Women reservations can't be barred simultaneously for President/Vice-President: Proviso to Rule 13(5) and Rule 13A(3) placing restriction on women, struck down being violative of Articles 14 and 15 T. VENKATESH VS STATE OF KARNATAKA BY ITS SECRETARY TO URBAN DEVELOPMENT DEPARTMENT - 2014 Supreme(Kar) 524.
Rosters apply to single post vacancies by rotation without violating Article 16(1), as in Secretary promotions Union of India VS Madhav S/o Gajanan Chaubal - 1996 Supreme(MP) 1375.
To maximize chances:- Verify ad/resolution applicability, especially 2014/2021 GAD for Group A.- Ensure compartmentalized horizontals in selections.- Challenge only proven deviations from merit-first process, with merit proof.- For PH/sports, claim unreserved on merit; respect limits.- Consult Odisha GAD resolutions for disputes.
Odisha's reservation system balances equity and merit through compartmentalized vertical/horizontal quotas, extended to Group A via 2014 rules. Courts prioritize open merit, tentative quotas, and rule compliance Archana Kanungo VS State of Orissa - 2024 0 Supreme(Ori) 16Jayashree Dhal VS State of Odisha - 2022 0 Supreme(Ori) 473Arun Kumar Shasani VS State of Orissa - 2022 0 Supreme(Ori) 297. Broader precedents reinforce no 100% single-post reservations and legislative power for local bodies.
Stay informed on evolving case law to approach recruitments strategically. For deeper insights, review referenced judgments.
References:1. Odisha Industrial Infrastructure, Development Corporation vs State of Odisha represented through Secretary, Department of Industry - 2025 Supreme(Online)(Ori) 1811: Group C/D regularization.2. Archana Kanungo VS State of Orissa - 2024 0 Supreme(Ori) 16: Sports/women in Group A; principles.3. Arun Kumar Shasani VS State of Orissa - 2022 0 Supreme(Ori) 297: Junior Assistant horizontals.4. Jayashree Dhal VS State of Odisha - 2022 0 Supreme(Ori) 473: UR women, merit.5. Other: Shivanand S/o Mailari Kadgonda VS State of Karnataka Department of Rural Development and Panchayat Raj - 2023 Supreme(Kar) 381, M. Palanimuthu VS Chief Election Commissioner Election Commission of India Nirvachan Sadan Ashoka Road, New Delhi - 2012 Supreme(Mad) 1465, T. VENKATESH VS STATE OF KARNATAKA BY ITS SECRETARY TO URBAN DEVELOPMENT DEPARTMENT - 2014 Supreme(Kar) 524, Bajarang Lal Bansal, S/o. Late Shri Shyam Lal Bansal VS Chhattisgarh Public Service Commission, Through its Secretary - 2024 Supreme(Chh) 608, Badri Narayan Routray VS State of Orissa - 2022 Supreme(Ori) 341, Lali. D. S. VS Mahatma Gandhi University - 2010 Supreme(Ker) 322, Union of India VS Madhav S/o Gajanan Chaubal - 1996 Supreme(MP) 1375.
#ReservationLaw, #OdishaGovtJobs, #CaseLawIndia
In the case at hand, the total number of reserved posts of Mayor, including the newly constituted Municipal Corporation, Bhilai - Charoda, is 6 out of 13, however, while making reservation for women the State Government has reserved only 1 post out of 6 reserved posts whereas the law mandates that as ... (3) Immediately after making the reservation of the offices of Chairperson, the prescribed authority shall send the information to this effect to th....
In the said case a similar challenge was raised to the Notifications dtd. 5/3/2020 and 25/11/2020 by contending that the reservation for the offices of Sarpanchas exceeded 50% in the Nagpur District. ... The issue raised in this writ petition filed under Article 226 of the Constitution of India is with regard to reservation in the Offices of Sarpanchas being provided in a manner that exceeds the limit permitted under the Statute and the law in that regard. 3. ... As stated above, out o....
I answer point No.1 by holding that in the present case there is no discrimination in the reservation made of the posts for President and Vice President by the Election Commission. 11. ... ANSWER TO POINT NO. 3 : Whether in the present case there is any discrimination and or excess reservation requiring interference at the hands of this Court? 12.1. ... [Provided further that the duration of the offices reserved under this Sub-section shall be thirty months.] 10.1. The manner of ca....
level offices i.e. ... In that view of the matter, insofar as percentage of reservation is concerned, the law could be as declared by the Full Bench of this Court in Heera Lal (Supra). The observations made by the Division Bench in the case of Dr. ... However, even assuming that one such post can exist by applying the rule of necessity and the principle of rounding off, the rule of reservation of 21% in less than five posts cannot be implemented. Law is also acknowled....
Narasimha Rao’s (supra) and as such, same is not sustainable in the eye of law, but even otherwise in any event, reservation could not exceed 50% of the total posts. ... Though, as per the 9 Judges bench judgement of the Hon'ble Supreme Court in Indra Sawhney case, reservation contemplated in clause 4 of Article 16 should not exceed 50% but at the same time the Hon'ble Supreme Court in the same judgement in Indra Sawhney case has clearly taken a view that while 50% shall ... In Kinnaur....
It is evident from the records that out of 9 (nine) posts, 8 (eight) posts have been filled up from the reserved category, exceeding the prescribed ratio of reservation clearly is in the teeth of settled law. ... Roster" in place of existing 100 point roster followed in the departments/offices under the Government of Arunachal Pradesh and clarified as below for attention of the appointing/cadre controlling authorities:- A. ... of post in all the posts/ services under ....
It is evident from the records that out of 9 (nine) posts, 8 (eight) posts have been filled up from the reserved category, exceeding the prescribed ratio of reservation clearly is in the teeth of settled law. ... of post in all the posts/ services under the Government of Arunachal Pradesh and to invite a reference to the Supreme Court Judgment passed in the case of R.K. ... It is however, provided that dismissal of the writ petition shall not preclude the respondent a....
In view of entry 5 in List II of the Seventh Schedule to the Constitution, the State Government is competent to enact a law for providing reservation to Scheduled Castes/Scheduled Tribes and women to various posts in the local body elections. ... In this context, we may also refer to the historic legislation made by the Orissa Government in the year 1991 itself, wherein the Government had made a provision for reservation of constituencies to the Scheduled Castes/Sched....
Hence, the contention of the counsel for the petitioners that the reservations for the posts of women is not in accordance with law is answered as aforesaid.” ... That Rule, which prohibits simultaneous reservation of both posts for woman wherein reservation to the posts of Adyaksha and Upadakshaya made under the provisions of the Karnataka Panchayat Raj (Reservation of Offices of Adyaksha and Upadakshya, Zilla Panchayat) Rules, 2005 under the Karnat....
Reverting to the facts of the case, it is quite vivid that present is not the case where there is only one post of Assistant Professor (Cardiology) in the Government Medical College and from return filed by the State/ respondents No.2 to 4, it is quite vivid that there were two posts of Assistant Professor ... Case of the petitioner is that since single post has been advertised for appointment of Assistant Professor (Cardiology), reservation roster would be inapplicable, otherwise, if ....
(iii) Principle of reservation of Posts must have been followed in case of such Contractual appointments/engagements.” (ii) Such Contractual appointments/ engagements must have been made following the recruitment procedure prescribed for the corresponding regular posts, and
Depending on the nature of the work, such exclusion must be explicit or else a person under disability cannot be excluded from consideration for being appointed along with other general candidates. However, if a person claims reservation under Section 33 of the Act, such reservation could be had in the light of the identification of posts made by the Government exercising the power under Section 32 of the Act. In the case on hand, the post to which the application is made and reservation is claimed, does not come under the category of posts which is earmarked for reservatio....
Direct recruitment to fill posts in these offices will be on a state wide basis. The scheme of reservation in favour of local candidates will not also apply to the posts in special offices/establishments notified in G.S.R. No.526(E), dated 18.10.1975. Offices of Heads of Departments, etc - As indicated earlier the scheme of reservation in favour of local candidates will not apply to posts in the secretariat, office of Heads of Department, and State- Level offices/institutions notified in G.S.R. No.527(E), dated 18.10.1975.
(7) if on the date of commencement of this Act, reservation was in force under Government Orders for appointment to posts to be filled by promotion such Government Orders shall continue to be applicable till they are modified. (6) If a person belonging to any of the categories mentioned in sub-section (1) gets selected on the basis of merit in an open competition with general candidates he shall not be adjusted against the vacancies reserved for such category under sub-section (1).
Article 46 enjoins upon the State to provide socio-economic and educational facilities and opportunities. Appointment to an office or post into a service under the State is one of the means to render socio-economic justice. Government evolved reservation in posts or offices under the State as one of the modes to socio-economic justice to Dalits and Tribes.
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