Civil Procedure Code (CPC)

Information on allied cases R.K.Sabhrawal vs State of Punjab

will tell you later

The Hon'ble Supreme Court has given judgement in case R.K.Sabhrwal vs State oF Punjab (1995) about the reservation roaster system and has specified that particular seat of certain category (GEN,SC,ST or OBC) will go to that category. For Example if SC Employee retires then seat will have to fill by the SC category only Similarly if GEN Retires the same will have to fill by the GEN seat

Further meaning of  posts and vacancies are different

Dear Friends,

If any of you have more information about such allied cases which has been passed by the Hon'ble Supreme Court and Hon'ble High courts then it will be please if you provide me the case name title and Date of judgement so that I can file for certify copies as I need it very Urgently

Regards and Thankyou in anticipation

 
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MERIT OBC CANDIDATES SELECTED IN UNRESERVED (General) SEATS CAN NOT BE ADJUSTED AGAINST 27% RESERVATION QUOTA EVEN IF THEY GET ALLOTMENT OF SEAT/CADRE IN RESERVED SEATS: SUPREME COURT

 

CASE NO.: Appeal (civil) 5505-5507 of 2003
 
PETITIONER: Union of India & Anr, RESPONDENT: Satya Prakash & Ors, DATE OF JUDGMENT: 05/04/2006,
 
BENCH: H.K. Sema & Dr. AR. Lakshmanan, J U D G M E N T with Civil Appeal No. 7004 of 2003
 
"If a candidate of Scheduled Caste, Scheduled Tribe and other Backward Class, who has been recommended by the Commission without resorting to the relaxed standard could not get his/her own preference in the merit list, he/she can opt a preference from the reserved category and in such process the choice of preference of the reserved category recommended by resorting to the relaxed standard will be pushed further down but shall be allotted to any of the remaining services/posts in which there are vacancies after allocation of all the candidates who can be allocated to a service/post in accordance with their preference".
 
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Advocate

In Post Graduate Institute of Medical Education & Research, Chandigarh –Vs- Faculty Association & Ors. etc. (1998)4 SCC 1, the question before the Constitution Bench was whether in a single cadre post, reservation for SC, STs and OBCs can be applied either directly or through the roster in which vacancies are amongst the general category and reserved category candidates. Allowing the Review Petition against the 3 Judges Bench judgment dated 2.5.1997 in Civil Appeal No.3175 of 1997(which was one of the batch matters, reported in (1997) 6 SCC 283) held at paras 34 and 35:


“34. In a single post cadre, reservation at any point of time on account of rotation of roster is bound to bring about a situation where such a single post in the cadre will be kept reserved exclusively for the members of the backward classes and in total exclusion of general members of the public and cent percent reservation for the backward classes is not permissible within the constitutional framework. The decision of this Court to this effect over the decades have been consistent.
 

35. Hence, until there is plurality of post in a cadre, the question of reservation will not arise because any attempt of reservation by whatever means and even with the device of rotation of roster in a single post cadre is bound to create 100% reservation of such post whenever such reservation is to be implemented. The device of rotation of roster in respect of single post cadre will only mean that on some occasions there will be complete reservation and the appointment to such post is kept out of bound to the members of a large segment of the Community who do not belong to any reserve class, but on some occasions the post will be available for open competition when, in fact, all such occasions, a single post cadre should have been filled only by open competition amongst all segments of the Society.” 

 
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Lawyer

What is 100 point roaster very often referred to in reservation matters 

 
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