S. S. SHARMA & ORS. versus UNION OF INDIA & ORS.

S. S. SHARMA & ORS. versus UNION OF INDIA & ORS.

The reservation of vacancies and prescription of a limited departmental competitive examination for Scheduled Castes and Scheduled Tribes under the Central Secretariat Service (Amendment) Rules, 1979 does not violate Articles 14, 15 or 16 of the Constitution. There is no requirement in law that a select list must be finalized in the same year; and as long as the select list is not finalized, no right accrues to the candidates. The dereservation of reserved vacancies is within the administrative power and should be resorted to only when alternative lawful arrangements to fill reserved vacancies are exhausted. Relaxation of eligibility standards for backward classes is valid and affirmed by...

Parties
Petitioners: S. S. Sharma & Ors.; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
10 November 1980
Procedural Posture
Writ Petition Under Article 32 / Final Decision on Merits
Outcome
Petitions dismissed
Legal Topics
Reservation in Promotion, Interpretation of Service Rules, Equality Before Law, Administrative Law
Constitutional Law Service Law Reservation in Promotion Interpretation of Service Rules Equality Before Law Administrative Law

Case Brief

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Parties

S. S. Sharma & Ors.

Petitioners

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition Under Article 32 / Final Decision on Merits

Legal Issues

  1. 1 Whether reservation of vacancies for Scheduled Castes and Scheduled Tribes in Central Secretariat Service Grade I, and the holding of a limited departmental competitive examination for them, violates Articles 14, 15, and 16 of the Constitution.
  2. 2 Whether the Central Secretariat Service (Amendment) Rules, 1979, operate prospectively or retrospectively with respect to unfilled reserved vacancies from 1977.

Ratio Decidendi

The reservation of vacancies and prescription of a limited departmental competitive examination for Scheduled Castes and Scheduled Tribes under the Central Secretariat Service (Amendment) Rules, 1979 does not violate Articles 14, 15 or 16 of the Constitution. There is no requirement in law that a select list must be finalized in the same year; and as long as the select list is not finalized, no right accrues to the candidates. The dereservation of reserved vacancies is within the administrative power and should be resorted to only when alternative lawful arrangements to fill reserved vacancies are exhausted. Relaxation of eligibility standards for backward classes is valid and affirmed by...

Court Disposition

Petitions dismissed