Legal Question in Employment Law in India

12.02.2017

Dear Sir / Madam,

Article 16(1) is a facet of the doctrine of equality enshrined in Article

14. Article 16(1) does permit reasonable classification just as Article 14

does. Reasonable classification ensures the attainment of the equality of

opportunity assured by Article 16(1). For assuring equality of opportunity

in public employment by Article 16 (1), it may well be necessary in certain

situations to treat unequally situated persons unequally. Not doing so,

would perpetuate and accentuate inequality. Viewed in this background it

becomes clear that Article 16(4) is an instance of such classification,

implicit in and permitted by Article 16(1). The Supreme Court held in the

case of Indra Sawhney that indeed, even without clause (4), it would

have been permissible for the State to have evolved such a

classification and made a provision for reservation of

appointment/posts in their (Backward Classes) favour. Clause (4)

merely puts the matter beyond any doubt in specific terms�.

I will elucidate citing the following example -

If for a Government posting like -

Officer - 2 seats are reserved for special category and the remaining 6 seats are for general category;

Supervisor - 5 seats are reserved for special category and the remaining 20 seats are for general category;

Clerk : 10 seats are reserved for special categories and the remaining 40 seats are for general category;

then if the candidate has opted and applied for the special category classification for the post of Clerk, and he / she has been selected therein, that candidate's eligibility for further higher promotion will be limited and restricted to from among the number of seats reserved for the special category i.e 5 seats for Supervisor and 2 seats for Officer; and he / she will not be eligible for selection and promotion through the general category seats of 20 seats for Supervisor and 6 seats for Officer.

For more, please refer the following link :

http://persmin.gov.in/otraining/UNDPProject/undp_modules/Reservation in Service.pdf

Regards,