N. K. CHAUHAN & ORS . versus STATE OF GUJARAT & ORS.

N. K. CHAUHAN & ORS . versus STATE OF GUJARAT & ORS.

The quota system for recruitment does not require rotational roster as a matter of necessity; departures from quota are permissible where honest efforts to recruit direct candidates have failed; promotees regularly appointed during periods of impracticability can claim full length of service for seniority; promotees appointed later in excess of quota are to be pushed down and absorbed in their quota vacancies in subsequent years.

Parties
Appellants: N. K. Chauhan & Ors.; Respondents: State of Gujarat & Ors.; Respondents: Respondents Nos. 5-6 and 8-11; Respondents: State of Maharashtra
Jurisdiction
India
Judgment Date
01 November 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From Gujarat High Court Judgment Dated 11/12 11 1975 in L.p.a No. 113/74
Outcome
Appeal allowed
Legal Topics
Seniority, Civil Service Recruitment, Direct Recruits Vs Promotees, Quota System, Articles 14 and 16 of Constitution
Constitutional Law Service Law Seniority Civil Service Recruitment Direct Recruits Vs Promotees Quota System Articles 14 and 16 of Constitution

Case Brief

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Parties

N. K. Chauhan & Ors.

Appellants

State of Gujarat & Ors.

Respondents

Respondents Nos. 5-6 and 8-11

Respondents

State of Maharashtra

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Gujarat High Court Judgment Dated 11/12 11 1975 in L.p.a No. 113/74

Legal Issues

  1. 1 Whether quota system requires rotational roster for seniority between direct recruits and promotees
  2. 2 Interpretation of 'as far as practicable' in quota rule
  3. 3 Constitutional validity of departures from quota system

Ratio Decidendi

The quota system for recruitment does not require rotational roster as a matter of necessity; departures from quota are permissible where honest efforts to recruit direct candidates have failed; promotees regularly appointed during periods of impracticability can claim full length of service for seniority; promotees appointed later in excess of quota are to be pushed down and absorbed in their quota vacancies in subsequent years.

Court Disposition

Appeal allowed

Orders

  • Judgment of Gujarat High Court set aside.
  • State Government directed to draw up de novo gradation list showing inter se seniority in light of Supreme Court judgment.