Legal Question in Employment Law in India
When a reserved category candidate passed by getting any relaxation in Marks etc they can't get appointment against UNRESERVED CATEGORY post.. is there any law about this topic in IPC
1 Answer from Attorneys
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,
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