AKHILESH KUMAR SINGH versus RAM DAWAN & ORS.

AKHILESH KUMAR SINGH versus RAM DAWAN & ORS.

Reservation cannot be applied to a single post in a cadre; if a singular post exists, it is to be filled by promotion from eligible feeder cadre and such promotion does not constitute reservation.

Parties
Appellant: Akhilesh Kumar Singh; Respondents: Ram Dawan & Ors.
Jurisdiction
India
Judgment Date
23 September 2015
Procedural Posture
Civil Appeal / Appeal From Division Bench of High Court (allahabad) in Special Appeal No. 1191 of 2006; Civil Appeal No.1931 of 2010
Outcome
Appeal dismissed
Legal Topics
Reservation in Public Employment, Promotion, Singular Post in Cadre
Service Law Reservation in Public Employment Promotion Singular Post in Cadre

Case Brief

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Parties

Akhilesh Kumar Singh

Appellant

Ram Dawan & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench of High Court (allahabad) in Special Appeal No. 1191 of 2006; Civil Appeal No.1931 of 2010

Legal Issues

  1. 1 Whether a reservation can be applied to a single post in a cadre
  2. 2 Whether promotion to a post of clerk in an intermediate college with a single sanctioned post should be by reservation or otherwise

Ratio Decidendi

Reservation cannot be applied to a single post in a cadre; if a singular post exists, it is to be filled by promotion from eligible feeder cadre and such promotion does not constitute reservation.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without any order as to costs.