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Reservation/Concessions in Services – Court judgements

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Recent SC/HC Judgements

  • Economic Criteria cannot be the sole basis for Creamy Layer: SC 
    SC Judgement dated 24.08.2021 – Pichra Warg Kalyan Mahasabha Haryana (Retd.) & Anr. Vs The State of Haryana & Anr.
  • Reservation for Marathas and Socially and Educationally Backward Classes
    SC: Hon’ble Supreme Court, on May 05, 2021, unanimously held that there were no exceptional circumstances justifying the grant of reservation to Marathas in excess of 50% ceiling limit as a Socially and Economically Backward Class.
    The bench struck down the Maharashtra SEBC Act 2018 to the extent it held Marathas as a socially and economically backward class as violating the principles of equality. The bench struck down the reservation given to Marathas in job and education. However, the bench clarified that the judgment will not affect the PG Medical Admissions under Maratha quota made till 09.09.2020.
    The bench held that there was no need to revisit the 50% ceiling limit on reservation laid down by the 9-judge bench decision in the Indira Sawhney case.
    In a significant judgment, the Supreme Court has held by 3:2 majority that the 102nd Constitution Amendment has abrogated the power of states to identify “Socially and Educationally Backward Classes(SEBCs)”. (Source: Livelaw.in) – SC Judgment dated 05.05.2021 – Dr. Jaishri Laxmanrao Patil Vs. The Chief Minister & Ors.

“… … we cannot agree with the view taken by the Union Government that Jats in the 9 (nine) States in question is a backward community so as to be entitled to inclusion in the Central Lists of Other Backward Classes for the States concerned.” The Government’s notification bearing No. 63 dated 4.3.2014 including the Jats in the Central List of OBCs has been set aside and quashed.SC Judgment dated 17.03.2015 – Ram Singh & Ors. Vs. Union of India
Reservation in Promotion from Scale-I to Scale-II and upward up to Scale-VI in Public Sector Banks – SC Judgement dated 09.01.2015 – Chairman & Managing Director, Central Bank of India & Ors. Vs. Central Bank of India SC/ST Employees Welfare Association & Ors.
SC: “Special leave petition is dismissed.” –  SC Order dated 12.09.2014 – Union of India and Others Vs. National Confederation for Develoopment of Disabled & Anr. (Arising out of final judgment and order dated 04.12.2013 passed by the High Court of Bombay) — Bombay HC judgement dated 04.12.2013 – National Confederation for Development of Disabled & Anr. – Hon’ble Bombay High Court has directed to give benefits of reservation to PWDs in the matter of promotion to posts in the IAS by applying the O.M. dated 29 December 2005 and subsequent Office Memorandum consistent with the aforesaid judgment dated 8 October 2013 of the Supreme Court.

I. Supreme Court Judgements
II. High Court Judgements

Supreme Court Judgements

— Economic Criteria cannot be the sole basis for Creamy Layer: SC 

  SC Judgement dated 24.08.2021 - Pichra Warg Kalyan Mahasabha Haryana (Retd.) & Anr. Vs The State of Haryana & Anr. (85.0 KiB, 88 hits)

DOPT O.M. No. 36012/23/96-Estt.(Res) dated 22.7.1997 regarding lower qualifying marks, lesser standard of evaluation for SC/ST candidates for reservation in promotion is declared illegal.

  SC Judgment dated 15.07.2014 - Rohtas Bhankhar & Others Vs. Union of India and Another (201.2 KiB, 6,925 hits)

— Reservation for Jats Qhashed

  SC Judgment dated 17.03.2015 - Ram Singh & Ors. Vs. Union of India (365.7 KiB, 10,577 hits)

— Reservation for Marathas and Socially and Educationally Backward Classes
Hon’ble Supreme Court, on May 05, 2021, unanimously held that there were no exceptional circumstances justifying the grant of reservation to Marathas in excess of 50% ceiling limit as a Socially and Economically Backward Class.
The bench struck down the Maharashtra SEBC Act 2018 to the extent it held Marathas as a socially and economically backward class as violating the principles of equality. The bench struck down the reservation given to Marathas in job and education. However, the bench clarified that the judgment will not affect the PG Medical Admissions under Maratha quota made till 09.09.2020.
The bench held that there was no need to revisit the 50% ceiling limit on reservation laid down by the 9-judge bench decision in the Indira Sawhney case.
In a significant judgment, the Supreme Court has held by 3:2 majority that the 102nd Constitution Amendment has abrogated the power of states to identify “Socially and Educationally Backward Classes(SEBCs)”. (Source: Livelaw.in)

  SC Judgment dated 05.05.2021 - Dr. Jaishri Laxmanrao Patil Vs. The Chief Minister & Ors. (1.5 MiB, 288 hits)

Reservation in Promotion[/highlight] from Scale-I to Scale-II and upward up to Scale-VI in Public Sector Banks

  SC Judgement dated 09.01.2015 - Chairman & Managing Director, Central Bank of India & Ors. Vs. Central Bank of India SC/ST Employees Welfare Association & Ors. (325.0 KiB, 14,997 hits)

— Reservation for PWDs and Other Judgements

  SC Order dated 12.09.2014 - Union of India and Others Vs. National Confederation for Development of Disabled & Anr. (259.1 KiB, 7,258 hits)

  SC Judgment dated 08.10.2013 - Union of India & Ors. Vs. National Federation of the Blind & Ors. (330.9 KiB, 5,244 hits)

  SC judgment dated 15.02.2008 - Union of India Vs. Dattatray son of Namdeo Mendhekar & Ors (12.8 KiB, 5,207 hits)

  Supreme Court judgment dated 13.12.1999 - Indira Sawhney Vs. UOI (84.2 KiB, 1,374 hits)

  Supreme Court judgment dated 10.2.1995 - R.K. Sabharwal & Ors. Vs. State of Punjab & Ors (34.6 KiB, 4,266 hits)

Reservation for Transgender Persons

  SC Judgment dated 15.04.2014 - National Legal Services Authority Vs. Union of Indian and others (525.2 KiB, 8,831 hits)

High Court Judgements

Reservation for PWDs

  Bombay HC judgement dated 04.12.2013 - National Confederation for Development of Disabled & Anr. (132.5 KiB, 9,384 hits)

Reservation in Promotion DoPT O.M. dated 13.08.1997 stands quashed.

  Delhi HC Judgment dated 23.08.2017 - All India Equality Forum & Others Vs. Union of India through its Secretary and Others (593.4 KiB, 1,875 hits)

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VN:F [1.9.22_1171]
Rating: 3.9/5 (30 votes cast)
Reservation/Concessions in Services - Court judgements, 3.9 out of 5 based on 30 ratings