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Friday, 25 October 2024
Monday, 19 August 2024
Reserved candidates can be appointed/ promoted against UR Vacancy
“When a percentage of reservation is fixed in respect of a particular cadre and the roster indicates the reserve points, it has to be taken that the posts shown at the reserve points are to be filled from amongst the members of reserve categories and the candidates belonging to the general category are not entitled to be considered for the reserve posts. On the other hand, the reserve category candidates
can compete for the non-reserve posts and in the event of their appointment to the said posts their number cannot be added and taken into consideration for working out the percentage of reservation. Article 16(4) of the Constitution of India permits the State Government to make any provision for the reservation of appointments or posts in favour of any backward class of citizen which, in the opinion of the State is not adequately represented in the Services under the State.”
9. Similarly, in the case of Union of India v. Virpal Singh Chauhan3, the Apex Court has held that when calculating the number of posts reserved for Scheduled Castes and Scheduled Tribes, candidates from these categories who are selected or promoted based on merit (rather than reservation rules) should not be counted as reserved category candidates.
10. This jurisprudential position has been emphatically reinforced by the Allahabad High Court in the case of UP Power Corporation Limited v. Nitin Kumar4 where it held that “..where a candidate is meritorious enough to be placed within the zone of selected candidates independent of any claim of reservation and purely on the basis of the merit of the candidate, the candidate ought not to be relegated to a seat against the reserved category. The simple reason for this principle is that reservation is a process by which a certain number of posts or seats is carved out for stipulated categories such as OBC, Scheduled Castes and Scheduled Tribes. Unreserved seats do not constitute a
reservation for candidates belonging to categories other than the reserved categories. An unreserved post or seat is one in which every individual irrespective of the category to which the person belongs can compete in open merit..”
11. Likewise, in the case of Sanjeev Kumar Singh v. State of U.P.5, the Allahabad High Court, while deliberating on the issue of 'open competition with general candidates,' articulated its position in paragraph 53 as follows:
“53..In a selection which can be termed as open competition with general category candidates, the candidature of the reserved category candidates as well as the general category candidates is to be tested on the same merit and if in that case a reserved category candidate succeeds in the open competition with general category candidates, he would be placed amongst the general category candidates..”
12. Thus, no law mandates reservation for general category candidates in public employment. Consequently, the issue of reserved category candidates occupying or being selected for the general seats does not arise. Since the concept of reservation does not apply to general category candidates/ the notion of them having “fixed seats” is inherently flawed.
13. Furthermore, numerous judgments have consistently affirmed that if an individual meets the prescribed merit criteria, there is no justification for preventing them from being recruited or promoted to unreserved positions. The relaxations provided are solely to ensure that reserved category candidates have a level playing field, which aligns with the intent of Article 16(4) of the Indian Constitution.
14. Upon scrutinizing the aforementioned facts in conjunction with the judicial precedents, it can be conclusively inferred that the clarification issued by the Revenue and Disaster Management Department, Government of Odisha, on 11.01.2019 is devoid of legal soundness.
15. The denial of promotion on the premise that there exists an "excess number of reserved category candidates" represents a profoundly erroneous interpretation of the prevailing laws and inflicts egregious injustice upon meritorious candidates from the reserved category.
16. In the present case, the Petitioner, having completed five years of service as an Amin and successfully passed the requisite departmental examination in accordance with ODRS Rules, is unequivocally eligible to be considered for promotion to the post of Revenue Inspector. Denying him promotion solely on the basis of his reserved category status constitutes a violation of his right to equality enshrined under Article 14 read with Article 16 of the of the Constitution India.
17. Accordingly, the Writ Petition is allowed and the concerned Authority is hereby directed to re-evaluate their promotion policies and promulgate appropriate rules to ensure the advancement of meritorious candidates, irrespective of their reservation status within one month.
18. Accordingly, this Writ Petition is allowed.
Saturday, 27 April 2024
Vacation of Campus Medicine Stores from public health institutions : High Court upheld the decision
Tuesday, 12 March 2024
Saturday, 20 January 2024
ASO Recruitment: Order Copy of SLP filed in Supreme Court
Friday, 19 January 2024
ASO Recruitment Case reached Supreme Court: Notice to State & OPSC
Friday, 22 December 2023
ASO Recruitment Court Case : Single Judge Order quashed, OPSC allowed to continue recruitment process
22.12.2023
ଜଣିକିଆ ଖଣ୍ଡପୀଠଙ୍କ ତା୧୯.୦୫.୨୦୨୩ରିଖ ରାୟକୁ ଖାରଜ କଲେ ଡିଭିଜନ ବେଞ୍ଚ।
- ଚୟନ ପ୍ରକ୍ରିୟା ଯେଉଁଠାରେ ବନ୍ଦ ଥିଲା ସେଇଥରୁ ଚାଲୁ ରଖିବାକୁ OPSC କୁ ଅନୁମତି ।
- ୧୧୦୪ ଜଣଙ୍କ ମେରିଟ୍ ଲିଷ୍ଟ କାଏମ ରଖିଲେ ହାଇକୋର୍ଟ।
- ଚୁଡ଼ାନ୍ତ ୭୯୬ ତାଲିକା ଖୁବ୍ ଶୀଘ୍ର।
# ସୂଚନାଯୋଗ୍ୟ ୭୯୬ ପଦବୀ ପାଇଁ ହୋଇଥିବା ନିଯୁକ୍ତି ପ୍ରକ୍ରିୟାରେ ୧୧୦୪ ଜଣ ପ୍ରାର୍ଥୀ ଙ୍କୁ ସର୍ଟଲିଷ୍ଟ କରାଯାଇ ସେମାନଙ୍କ ନଥିପତ୍ର ଯାଞ୍ଚ ସହିତ କମ୍ପ୍ୟୁଟର ଦକ୍ଷତା ପରୀକ୍ଷା ମଧ୍ୟ କରାଯାଇ ସାରିଛି।
କେବଳ ହାଇକୋର୍ଟଙ୍କ ରହିତାଦେଶ ପାଇଁ ଚୂଡାନ୍ତ ତାଲିକା ପ୍ରକାଶ କରାଯାଇନଥିଲା । ତେଣୁ ବହୁତ ଶୀଘ୍ର ( ଆଶା କରାଯାଏ ଆସନ୍ତା ୭ ଦିନ ମଧ୍ୟରେ) ଚୂଡାନ୍ତ ତାଲିକା ପ୍ରକାଶ ପାଇବା ସହିତ ନୂତନ ବର୍ଷରେ ସଚିବାଳୟରେ ନିଯୁକ୍ତି ମଧ୍ୟ ମିଲିଯିବାର ସମ୍ଭାବନା ଅଛି ।
## Judgement copy
Thursday, 21 December 2023
ASO Recruitment: JUDGEMENT on 22nd December
Tuesday, 19 December 2023
Secretariat ASO Recruitment : Court Case Updates
Monday, 11 December 2023
ASO Recruitment Court Case : Order Reserved
Friday, 8 December 2023
ASO Recruitment Court Case : Hearing will be continued on 11th Dec
Thursday, 7 December 2023
Thursday, 30 November 2023
Wednesday, 22 November 2023
ASO Court Case : Hearing started and will be continued...
22.11.2023 : Very good news for all...
Division Bench of Orissa High Court has started hearing today on Writ Appeals (WA) filed on ASO Recruitment 2021.
The case may be listed in next week again for the hearing to be continued.
Tuesday, 21 November 2023
ASO Case Update : Next hearing on 22nd November
Tuesday, 14 November 2023
VAW Recruitment 2013 cancelled : ₹5 Lakh compensation to the petitioners
Monday, 13 November 2023
ASO ଶୁଣାଣି ପୁଣି ସପ୍ତାହେ ଘୁଞ୍ଚିଲା
Saturday, 11 November 2023
ASO Recruitment Court Case : Next hearing on 13 November
Wednesday, 8 November 2023
ASO Recruitment Court Case : Order Copy Dt.06.11.2023
W.A. Nos. 1561, 1822 and 2539 of 2023
ORDER
06.11.2023
Order No.02.
1. This matter is taken up through Hybrid mode. Page 2 of 2
2. Learned counsel for the parties are permitted to file their written note of arguments and citations, if any, so that the matter can be disposed of at the admission stage.
3. List this matter next week. The interim order passed earlier, if any, shall continue till the next date.
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