U.P. POWER CORPORATION LTD. versus RAJESH KUMAR & ORS.

U.P. POWER CORPORATION LTD. versus RAJESH KUMAR & ORS.

The Supreme Court held that Section 3(7) of the 1994 Act and Rule 8A of the Seniority Rules (2007 amendment) are ultra vires, as no exercise mandated by M. Nagaraj was undertaken; enabling constitutional provisions do not permit reservation in promotion and accelerated seniority absent quantifiable assessment of backwardness and inadequacy of representation.

Parties
Appellant: U.P. Power Corporation Ltd.; Respondent: Rajesh Kumar & Ors.
Jurisdiction
India
Judgment Date
27 April 2012
Procedural Posture
Civil Appeal / Final Judgment by Supreme Court of India
Outcome
Appeals disposed of; impugned orders modified/set aside as per Supreme Court directions.
Legal Topics
Reservation in Promotion, Judicial Discipline, Seniority, Constitutionality of Statutes
Constitutional Law Administrative Law Service Law Reservation in Promotion Judicial Discipline Seniority Constitutionality of Statutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 22 Party arguments 2
Sign in to unlock

Parties

U.P. Power Corporation Ltd.

Appellant

Rajesh Kumar & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment by Supreme Court of India

Legal Issues

  1. 1 Whether Section 3(7) of the Uttar Pradesh Public Servants (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 and Rule 8A of the Uttar Pradesh Government Servants Seniority Rules, 1991 (as inserted by the 2007 Amendment) are constitutionally valid.
  2. 2 Whether reservation in promotion with accelerated seniority is valid without undertaking the exercise mandated by M. Nagaraj judgment.

Ratio Decidendi

The Supreme Court held that Section 3(7) of the 1994 Act and Rule 8A of the Seniority Rules (2007 amendment) are ultra vires, as no exercise mandated by M. Nagaraj was undertaken; enabling constitutional provisions do not permit reservation in promotion and accelerated seniority absent quantifiable assessment of backwardness and inadequacy of representation.

Court Disposition

Appeals disposed of; impugned orders modified/set aside as per Supreme Court directions.

Orders

  • Section 3(7) of the 1994 Act and Rule 8A of the 2007 Rules declared ultra vires and unconstitutional.
  • Promotions given under Indra Sawhney without the aid of Section 3(7) and Rule 8A remain undisturbed.