THE FLAG OFFICER COMMANDING-IN-CHIEF AND ANR. versus MRS. M.A. RAJANI AND ANR.

THE FLAG OFFICER COMMANDING-IN-CHIEF AND ANR. versus MRS. M.A. RAJANI AND ANR.

Dereservation of a reserved post for Scheduled Castes is illegal when a qualified Scheduled Caste candidate is available and has been duly selected; appointment must be given in accordance with recruitment rules.

Parties
Appellant: Flag Officer Commanding-in-Chief; Respondent: Mrs. M.A. Rajan
Jurisdiction
India
Judgment Date
17 March 1997
Procedural Posture
Civil Appeal / Final Supreme Court Order
Outcome
Appeal dismissed
Legal Topics
Recruitment, Reservation, Scheduled Castes, Direct Recruitment, Dereservation
Service Law Recruitment Reservation Scheduled Castes Direct Recruitment Dereservation

Case Brief

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Parties

Flag Officer Commanding-in-Chief

Appellant

Mrs. M.A. Rajan

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Order

Legal Issues

  1. 1 Whether the respondent is entitled to appointment by direct recruitment to a reserved vacancy for Scheduled Castes after exhaustion of sources by promotion and transfer, and whether dereservation is legal when a Scheduled Caste candidate is available.

Ratio Decidendi

Dereservation of a reserved post for Scheduled Castes is illegal when a qualified Scheduled Caste candidate is available and has been duly selected; appointment must be given in accordance with recruitment rules.

Court Disposition

Appeal dismissed

Orders

  • No costs
  • Appointment of respondent directed as selected by the Committee