R. R. KULASEKHARAN versus A.P.P.S. COMMISSION AND ORS

R. R. KULASEKHARAN versus A.P.P.S. COMMISSION AND ORS

The Court decided that to fulfill the objective of reservation and proper representation in services, if a local candidate from the reserved group is unavailable, candidates from the same group in other zones should be given an option to be considered as non-locals; appointments to be based on merit. This principle is for prospective application and not for current facts.

Parties
Appellant: R.R. Kulasekharan; Respondents: A.P.P.S. Commission and Ors
Jurisdiction
India
Judgment Date
24 November 1994
Procedural Posture
Civil Appeal / Final Decision
Outcome
Appeals dismissed
Legal Topics
Reservation, Appointment Procedure, Non Availability of Reserved Group Candidates
Service Law Reservation Appointment Procedure Non Availability of Reserved Group Candidates

Case Brief

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Parties

R.R. Kulasekharan

Appellant

A.P.P.S. Commission and Ors

Respondents

Procedural Posture

Civil Appeal / Final Decision

Legal Issues

  1. 1 Appointment procedure for reserved groups when local candidates are not available
  2. 2 Options for candidates belonging to the same reserved group from other zones

Ratio Decidendi

The Court decided that to fulfill the objective of reservation and proper representation in services, if a local candidate from the reserved group is unavailable, candidates from the same group in other zones should be given an option to be considered as non-locals; appointments to be based on merit. This principle is for prospective application and not for current facts.

Court Disposition

Appeals dismissed

Orders

  • No costs
  • No interference with the orders under appeal