SHIV PRASAD versus GOVERNMENT OF INDIA & ORS.

SHIV PRASAD versus GOVERNMENT OF INDIA & ORS.

The combined cadre of Associate Professor and Assistant Professor was legal and not challenged. Reservation policy for women (20%) applies horizontally. With three posts in the combined cadre, one is to be reserved for a woman candidate. Appointment of respondent No. 4 as Assistant Professor in fulfillment of horizontal reservation is legal, valid, and not violative of any statutory or constitutional provision; High Court erred in setting aside her appointment.

Parties
Appellant: Shiv Prasad; Respondent No. 4 / Cross Appellant: Dr. Madhu Jain; Respondents: Government of India & Ors.
Jurisdiction
India
Judgment Date
25 April 2008
Procedural Posture
Civil Appeal / Final Disposition on Appeal and Cross Appeal
Outcome
Civil Appeal No. 2979 of 2008 dismissed; Civil Appeal No. 2989 of 2008 allowed.
Legal Topics
Reservation Policy, Combined Cadre, Appointment in Educational Institutions, Horizontal Reservation, Roorkee University Act, 1947
Service Law Constitutional Law Reservation Policy Combined Cadre Appointment in Educational Institutions Horizontal Reservation Roorkee University Act, 1947

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Parties

Shiv Prasad

Appellant

Dr. Madhu Jain

Respondent No. 4 / Cross Appellant

Government of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition on Appeal and Cross Appeal

Legal Issues

  1. 1 Validity of appointment of respondent No. 4 (woman candidate) as Assistant Professor under combined cadre and reservation policy
  2. 2 Applicability of reservation policy, including horizontal reservation for women, to combined cadre posts
  3. 3 Whether High Court was correct in setting aside respondent No. 4's appointment and ordering fresh advertisement

Ratio Decidendi

The combined cadre of Associate Professor and Assistant Professor was legal and not challenged. Reservation policy for women (20%) applies horizontally. With three posts in the combined cadre, one is to be reserved for a woman candidate. Appointment of respondent No. 4 as Assistant Professor in fulfillment of horizontal reservation is legal, valid, and not violative of any statutory or constitutional provision; High Court erred in setting aside her appointment.

Court Disposition

Civil Appeal No. 2979 of 2008 dismissed; Civil Appeal No. 2989 of 2008 allowed.

Orders

  • Selection, recommendation, and appointment of respondent No. 4 as Assistant Professor is legal and valid.
  • High Court order setting aside appointment of respondent No. 4 is set aside; action of University upheld.