PARAMJIT SINGH SANDHU AND ORS. ETC. versus RAM RAKHA AND ORS. ETC.

PARAMJIT SINGH SANDHU AND ORS. ETC. versus RAM RAKHA AND ORS. ETC.

Quota rule under Punjab Police Service Rules, 1959 must operate both at the initial recruitment and confirmation stages. Failure to observe the quota rule at the time of confirmation would render the seniority rule unreasonable and violate Article 16 of the Constitution, as seniority is determined by confirmation...

Source-derived case information.

Parties
Appellant: Paramjit Singh Sandhu and Ors. etc.; Respondent: Ram Rakha and Ors. etc.; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
22 March 1979
Procedural Posture
Civil Appeal / Appeal by Special Leave From Punjab & Haryana High Court Judgment
Outcome
Appeals dismissed
Legal Topics
Recruitment and Confirmation Rules, Seniority, Quota Rule, Equality of Opportunity
Service Law Constitutional Law Recruitment and Confirmation Rules Seniority Quota Rule Equality of Opportunity

Source-derived case record

Summary, issues, holding and outcome

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Parties

Paramjit Singh Sandhu and Ors. etc.

Appellant

Ram Rakha and Ors. etc.

Respondent

State of Punjab

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Punjab & Haryana High Court Judgment

Legal Issues

  1. 1 Whether quota rule under Punjab Police Service Rules, 1959 operates only at the stage of initial recruitment or also at the stage of confirmation.
  2. 2 Whether seniority should be reckoned from the date of confirmation and if quota rule should influence confirmation.

Ratio Decidendi

Quota rule under Punjab Police Service Rules, 1959 must operate both at the initial recruitment and confirmation stages. Failure to observe the quota rule at the time of confirmation would render the seniority rule unreasonable and violate Article 16 of the Constitution, as seniority is determined by confirmation date and not date of entry into service. A rotational system adhering to quota at the time of confirmation is necessary to maintain fairness between direct recruits and promotees.

Court Disposition

Appeals dismissed

Orders

  • Quota rule to operate at both initial recruitment and confirmation.
  • State to consider cases for confirmation and fix seniority afresh according to quota rule.