AI Overview...
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Reservation for Economically Weaker Section (EWS) - The State Government's decision to implement 10% reservation for EWS is not arbitrary, and the legal validity of applying this reservation in appointments has been upheld. However, courts have highlighted that changing reservation policies mid-process can be problematic, and the applicability depends on the timing and legal framework. Secretary, Jharkhand Public Service Commission VS Laulesh Kumar - Jharkhand, Secretary Jharkhand Public Service Commission VS Ranjeet Kumar Sah S/o Sri Vishwanath Sah - Jharkhand
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Changing Rules Mid-Game - Several judgments emphasize that altering selection criteria or reservation rules after the process has begun is legally impermissible. Courts have reiterated that the rules of the game cannot be changed when the game is under process, citing precedents like Sengsime A. Sangma v. State of Meghalaya. North Eastern Regional Institute of Science and Technology VS Prabhanjan Kumar Pranav - Gauhati, Vishal Dahiya (Dr.) vs Medical Counselling Committee - Delhi, Vishal Dahiya VS Medical Counselling Committee MCC - Delhi
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Reservation in Medical and Educational Contexts - In cases involving OBC reservations and medical admissions, last-minute changes or restrictions on reservation eligibility have been challenged. Courts have scrutinized whether authorities had the power to modify reservation policies at advanced stages, often ruling such changes as unlawful if they alter the established rules. Vishal Dahiya VS Medical Counselling Committee MCC - Delhi, Vishal Dahiya VS Medical Counselling Committee MCC - Delhi, SHREYAS SINHA VS WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES - Supreme Court
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Retrospective Application of Reservation Policies - The retrospective implementation of reservation benefits, such as extending reservations to future academic sessions or recruitment processes, has been upheld when the amendments occur before the process begins. Conversely, applying changes after initiation is viewed as changing the rules of the game, which courts have condemned. SHREYAS SINHA VS WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES - Supreme Court, Anupal Singh VS State of U. P through Principal Secretary, Personnel Department - Supreme Court
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Statutory Limits on Reservation - The statutory cap of 50% reservation is recognized as a permissible limit, and any revision or redistribution of vacancies must adhere to this limit to maintain legality. M. Vasurchana Reddy VS State of Telangana Rep. by its Principal Secretary - Andhra Pradesh, Anupal Singh VS State of U. P through Principal Secretary, Personnel Department - Supreme Court
Analysis and Conclusion
Legal principles consistently affirm that reservation policies should be applied transparently and without retroactive changes once processes are underway. Courts have upheld the validity of reservations like the 10% EWS reservation when implemented lawfully but have condemned arbitrary or last-minute modifications that violate established rules. The emphasis remains on adherence to statutory limits and the timing of policy changes to ensure fairness and legality in appointments and admissions.
References: - Secretary, Jharkhand Public Service Commission VS Laulesh Kumar - Jharkhand - North Eastern Regional Institute of Science and Technology VS Prabhanjan Kumar Pranav - Gauhati - Vishal Dahiya VS Medical Counselling Committee MCC - Delhi - Vishal Dahiya (Dr.) vs Medical Counselling Committee - Delhi - Vishal Dahiya VS Medical Counselling Committee MCC - Delhi - Secretary Jharkhand Public Service Commission VS Ranjeet Kumar Sah S/o Sri Vishwanath Sah - Jharkhand - M. Vasurchana Reddy VS State of Telangana Rep. by its Principal Secretary - Andhra Pradesh - SHREYAS SINHA VS WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES - Supreme Court - Anupal Singh VS State of U. P through Principal Secretary, Personnel Department - Supreme Court
Search Results for "Game Rules Reservation 10"
2023 0 Supreme(Jhk) 502 • India - Jharkhand
SANJAYA KUMAR MISHRA, ANANDA SEN
10% reservation for Economically Weaker Section by the State Government cannot be said to be an arbitrary action on the part of ... Issues: The issues involved the applicability of 10% reservation for Economically Weaker Section in the appointments related ... the State, and the learned Single Judge committed an error of law in maintaining inapplicability of reservation of 10% in the Economically ... Legal matrix enunciated therein is inconsequential herein in view of the fact that #H....
2017 0 Supreme(Gau) 1509 • India - Gauhati
SONGKHUPCHUNG SERTO, AJIT BORTHAKUR
given by learned Single Judge for appointment of writ petitioner - Having regard to power conferred under clause of Chapter of Rules ... The rules of the game cannot be changed after the game is over. ... (3) R.K. Sabharwal v. ... It is settled that the selection criteria or rules of the game cannot be changed when the game is under process [see Sengsime A. Sangma v. State of Meghalaya, 2014 (5) GLT 409] ... 11. ... ... In the said case 33 posts of Associate Professo....
2022 0 Supreme(Del) 71 • India - Delhi
REKHA PALLI
Constitution of India, 1950 - Article 226 - Medical Counselling Committee - OBC reservation - Online allotment ... this Court under Article 226 of Constitution of India, assailing notice dated issued by Medical Counselling Committee, whereby OBC reservation ... basis of candidates' score in National Eligibility cum Entrance Test - Factors which are considered during allotment are merit, reservation ... As noted hereinabove, the first and foremost grievance of the petitioners is that the respondents have, at the last minute, "changed the #....
• India - Delhi High Court
REKHA PALLI
40) ... ... Issues: The key issues included the timing of eligibility changes and whether MCC had authority to restrict reservation ... High Court of Delhi" (2008) 7 SCC 11, wherein, this Court reiterated that changing the rules of the game after the game has already begun, is unacceptable. ... As noted hereinabove, the first and foremost grievance of the petitioners is that the respondents have, at the last minute, "changed the rules of the game", thereby excluding them from being c....
2019 0 Supreme(Gau) 1321 • India - Gauhati
M.R.PATHAK, NANI TAGIA
Equal opportunities, Protection of Rights and Full Participation) Act, 1995 - Sections 32 and 33 - Physically Challenged Persons - Reservation ... identification of posts and services have been made by Government of Nagaland in Government Departments and establishments for reservation ... Jamir, learned senior counsel, further contends that if reservation of a post for the visually disabled or impaired person is provided now, in terms of the directions passed by the learned Single Judge, it would amount to changing the rules#HL_....
2022 0 Supreme(Del) 710 • India - Delhi
REKHA PALLI
Constitution of India, 1950 - Article 226 - Medical Counselling Committee - OBC reservation - Online allotment ... this Court under Article 226 of Constitution of India, assailing notice dated issued by Medical Counselling Committee, whereby OBC reservation ... basis of candidates' score in National Eligibility cum Entrance Test - Factors which are considered during allotment are merit, reservation ... As noted hereinabove, the first and foremost grievance of the petitioners is that the respondents have, at the last minute, "changed the #....
2021 0 Supreme(Jhk) 664 • India - Jharkhand
RONGON MUKHOPADHYAY, RAJESH SHANKAR
can be given a retrospective operation or not - Whether Single Judge was correct in deciding that 10 % reservation for EWS cannot ... Judge has committed an error of law in mandating inapplicability of reservation of 10 % for Economically Weaker Section for vacancies ... % reservation for Economically Weaker Section by State Government cannot be said to be an arbitrary action on part of State - Single ... Pursuant to the Government of India decision, the State of Jharkhand introduced the reser....
2018 0 Supreme(AP) 142 • India - Andhra Pradesh
RAMESH RANGANATHAN, K.VIJAYA LAKSHMI
Welfare (C1) Department - Held, In terms of Regulation 9(VII) of the 2000 MCI Regulations, the petitioners shall be entitled for reservation ... with Section 15(1) - Education - Writ Petitions, is to declare Health, Medical and Family Welfare (C1) Department in so far as Rules ... serve for two more years in tribal areas on completion of their P.G. medical diploma course - Second limb of Rule 5(v) of the 2017 Rules ... No. 27 dated 10.04.2017, was in force; as the Rules of the game can....
2020 5 Supreme 760 • India - Supreme Court
L.NAGESWARA RAO, HEMANT GUPTA, S.RAVINDRA BHAT
Therefore, the University extended the benefit of the reservation from the next Academic Session. ... Education – Admission – Reservation – Admission to five-year law course offered by West Bengal National ... policy of each State – Since reservation policy of 30% seats was not available on the date when admission process was initiated, ... The Court held that the Amending Act has come into force after the admission process was started, therefore, such Amending Act would amount to changing the rules of the game....
2019 0 Supreme(SC) 1091 • India - Supreme Court
R.BANUMATHI, A.S.BOPANNA
(A) Service Law – Reservation – Appointment on Post of Technical Assistant-Group-C Agriculture Department ... In any recruitment, this statutory permissible limit of reservation not exceeding 50% has to be maintained. ... – Validity of revised requisition for rectification of wrongful calculation of category-wise vacancies – Percentage of reservation ... (iv) Revising the number of vacancies in different categories to satisfy the statutory requirement of reservation quota as per UP Reservation Act, 199....
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