DR. CHAKRADHAR PASWAN versus STATE OF BIHAR & ORS.

DR. CHAKRADHAR PASWAN versus STATE OF BIHAR & ORS.

The reservation of the only post in a cadre (Deputy Director (Homeopathic)) for a scheduled caste candidate amounts to 100% reservation, which is impermissible under Article 16(4) of the Constitution and violative of the guarantee of equal opportunity enshrined in Article 16(1). Posts of Director and Deputy Directors in differing systems/disciplines are separate and cannot be clubbed for reservation, nor can single isolated posts be reserved.

Parties
Appellant: Dr. Chakradhar Paswan; Respondents: State of Bihar & Ors.; Respondent No. 4 / Petitioner Before High Court: Dr. Kameshwar Prasad
Jurisdiction
India
Judgment Date
08 March 1988
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment Granting Writ Petition
Outcome
appeal dismissed
Legal Topics
Reservation Policy, Equal Opportunity, Backward Classes, Cadre Reservation, Nature of Posts
Constitutional Law Administrative Law Public Employment Reservation Policy Equal Opportunity Backward Classes Cadre Reservation Nature of Posts

Case Brief

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Parties

Dr. Chakradhar Paswan

Appellant

State of Bihar & Ors.

Respondents

Dr. Kameshwar Prasad

Respondent No. 4 / Petitioner Before High Court

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment Granting Writ Petition

Legal Issues

  1. 1 Whether the reservation of the only post in a cadre for a scheduled caste candidate amounts to 100% reservation and is impermissible under Article 16(4) of the Constitution.
  2. 2 Whether posts belonging to distinct disciplines can be clubbed together for reservation purposes.
  3. 3 Whether the reservation of the first vacancy in a cadre for a scheduled caste candidate is violative of Article 16(1) of the Constitution.

Ratio Decidendi

The reservation of the only post in a cadre (Deputy Director (Homeopathic)) for a scheduled caste candidate amounts to 100% reservation, which is impermissible under Article 16(4) of the Constitution and violative of the guarantee of equal opportunity enshrined in Article 16(1). Posts of Director and Deputy Directors in differing systems/disciplines are separate and cannot be clubbed for reservation, nor can single isolated posts be reserved.

Court Disposition

appeal dismissed

Orders

  • Judgment of the High Court quashing the advertisement and appointment of the appellant to the post of Deputy Director (Homeopathic) upheld.
  • Public Service Commission to re-advertise the post as per Court's observations.