Fri. Sep 18th, 2020

Reservation for single post in a cadre amounts to violation of Art. 16 (1) and (4) of the Constitution

2 min read

Supreme Court: In a case
where the Court was called upon to decide the question relating to reservation
for a single post, the bench of Dipak Misra and P.C. Pant, JJ held that
reservation for a single post in a cadre will keep the general members of the
public in total exclusion and would amount to 100% reservation which would
violate Arts.16(1) and 16(4) of the Constitution. Hence, it was held that the
question of reservation will arise only when there is plurality of post in the
cadre.

Rejecting the
argument made by the appellant that if a post is meant to be filled up by
promotion from amongst the employees working in the feeder cadre, it would
tantamount to reservation, the Court held that the concept of reservation which
finds place in Art. 16(1) of the Constitution is only restricted to the
Scheduled Castes, Scheduled Tribes and Other Backward Classes. It does not
relate to the persons serving in the feeder cadre.

Explaining the
“Note” to Regulation 2 framed under U.P. Intermediate Education Act, 1921,
which was in question in the present case, the Court held that the Regulation
provides for 50% of the total number of posts to be promoted through promotion
and the “Note” appended is an inseparable part of the Regulation and it lays
down that in calculation of the 50% of the post less than half would be left
and half or more than half post would be deemed as one. The Court, hence, held
that if a singular post in the clerical cadre is there, it would be filled up
by promotion from amongst the eligible candidates from the feeder cadre. [Akhilesh Kumar Singh v. Ram Dawan, Decided on
23.09.2015]
Source: Legal news India

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