Comprehension
"9. We now come to the Division Bench judgment of this Court reported as Rajeev Kumar Gupta & Others v. Union of India & Others – (2016) 13 SCC 153. In this judgment, the posts in Prasar Bharati were classified into four Groups–A to D. The precise question that arose before the Court is set out in para 5 thereof in which it is stated that the statutory benefit of 3 per cent reservation in favour of those who are disabled is denied insofar as identified posts in Groups A and B are concerned, since these posts are to be filled through direct recruitment. After noticing the arguments based on the nine-Judge bench in Indra Sawhney vs. Union of India, 1992 Supp (3) SCC 217, this Court held:
14. We now examine the applicability of the prohibition on reservation in promotions as propounded by Indra Sawhney. Prior to Indra Sawhney, reservation in promotions were permitted under law as interpreted by this Court in Southern Railway v. Rangachari, AIR 1962 SC 36. Indra Sawhney specifically overruled Rangachari to the extent that reservations in promotions were held in Rangachari to be permitted under Article 16(4) of the Constitution. Indra Sawhney specifically addressed the question whether reservations could be permitted in matters of promotion under Article 16(4). The majority held that reservations in promotion are not permitted under our constitutional scheme.
15. The respondent argued that the answer to Question 7 in Indra Sawhney squarely covers the situation on hand and the reasons outlined by the majority opinion in Indra Sawhney at… must also apply to bar reservation in promotions to identified posts of Group A and Group B.
16. We do not agree with the respondent‟s submission. Indra Sawhney ruling arose in the context of reservations in favour of backward classes of citizens falling within the sweep of Article 16(4).
21. The principle laid down in Indra Sawhney is applicable only when the State seeks to give preferential treatment in the matter of employment under the State to certain classes of citizens identified to be a backward class. Article 16(4) does not disable the State from providing differential treatment (reservations) to other classes of citizens under Article 16(1) if they otherwise deserve such treatment. However, for creating such preferential treatment under law, consistent with the mandate of Article 16(1), the State cannot choose any one of the factors such as caste, religion, etc. mentioned in Article 16(1) as the basis. The basis for providing reservation for PWD is physical disability and not any of the criteria forbidden under Article 16(1). Therefore, the rule of no reservation in promotions as laid down in Indra Sawhney has clearly and normatively no application to PWD."
Source: Excerpt taken from a Judgment of three judge bench comprising of R.F. Nariman, Aniruddha Bose & V. Ramasubramaniyam., JJ.
14. We now examine the applicability of the prohibition on reservation in promotions as propounded by Indra Sawhney. Prior to Indra Sawhney, reservation in promotions were permitted under law as interpreted by this Court in Southern Railway v. Rangachari, AIR 1962 SC 36. Indra Sawhney specifically overruled Rangachari to the extent that reservations in promotions were held in Rangachari to be permitted under Article 16(4) of the Constitution. Indra Sawhney specifically addressed the question whether reservations could be permitted in matters of promotion under Article 16(4). The majority held that reservations in promotion are not permitted under our constitutional scheme.
15. The respondent argued that the answer to Question 7 in Indra Sawhney squarely covers the situation on hand and the reasons outlined by the majority opinion in Indra Sawhney at… must also apply to bar reservation in promotions to identified posts of Group A and Group B.
16. We do not agree with the respondent‟s submission. Indra Sawhney ruling arose in the context of reservations in favour of backward classes of citizens falling within the sweep of Article 16(4).
21. The principle laid down in Indra Sawhney is applicable only when the State seeks to give preferential treatment in the matter of employment under the State to certain classes of citizens identified to be a backward class. Article 16(4) does not disable the State from providing differential treatment (reservations) to other classes of citizens under Article 16(1) if they otherwise deserve such treatment. However, for creating such preferential treatment under law, consistent with the mandate of Article 16(1), the State cannot choose any one of the factors such as caste, religion, etc. mentioned in Article 16(1) as the basis. The basis for providing reservation for PWD is physical disability and not any of the criteria forbidden under Article 16(1). Therefore, the rule of no reservation in promotions as laid down in Indra Sawhney has clearly and normatively no application to PWD."
Source: Excerpt taken from a Judgment of three judge bench comprising of R.F. Nariman, Aniruddha Bose & V. Ramasubramaniyam., JJ.
Question: 1
The above passage has been taken from which of the following recent judgments, relating to the question of reservation in promotions for the disabled persons?
The above passage has been taken from which of the following recent judgments, relating to the question of reservation in promotions for the disabled persons?
Updated On: Jul 11, 2024
- National Federation of the Blind v. Sanjay Kothari, Secy. Deptt. of Personnel and Training.
- Siddaraju v. State of Karnataka & Ors
- Rajeev Kumar Gupta & Ors. v. Union of India & Ors.
- Ashok Kumar v. Union of India & Ors.
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The Correct Option is B
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The correct Option is (B):Siddaraju v. State of Karnataka & Ors
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Question: 2
Which of the following is true in context of the scheme provided under Article 16 of the Indian Constitution, relating to reservation in promotion?
Which of the following is true in context of the scheme provided under Article 16 of the Indian Constitution, relating to reservation in promotion?
Updated On: Jul 19, 2024
- Reservation in promotion can only be granted to the class of citizens mentioned under Article 16 (4).
- Reservation in promotion cannot be granted to a class of citizen provided by the virtue of Article 16 (1).
- The scheme of reservation in promotion can be extended to any class of citizens under the scheme of Article 16 (1)
- Reservation in promotion defeats the scheme of Article 16 (1) and Article 15 (1).
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The Correct Option is C
Solution and Explanation
The correct Option is (C):The scheme of reservation in promotion can be extended to any class of citizens under the scheme of Article 16 (1)
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Question: 3
The Union government has issued an office memorandum under which 3% reservation has been provided to the persons with disability, apart from the reservations provided to different class of citizens such as 27% for OBCs, 14% to SCs and & 7% to STs. Now, the total percentage of reservation has reached 51%, which is against the judgment given in Indira Sawhney v. Union of India. Now, choose the most appropriate option amongst the following.
The Union government has issued an office memorandum under which 3% reservation has been provided to the persons with disability, apart from the reservations provided to different class of citizens such as 27% for OBCs, 14% to SCs and & 7% to STs. Now, the total percentage of reservation has reached 51%, which is against the judgment given in Indira Sawhney v. Union of India. Now, choose the most appropriate option amongst the following.
Updated On: Jul 11, 2024
- The reservation provided to persons with disability is constitutionally valid as it falls within the horizontal scheme of reservation.
- The judgment in Indira Sawhney is not applicable to the persons with disability and hence such reservation is valid.
- The reservation to PWD does not fall under the scheme of Article 16 (4) and hence unconstitutional.
- The reservation to PWD does not fall under the scheme of Article 16 (4) and hence unconstitutional.
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The Correct Option is A
Solution and Explanation
The correct Option is (A):The reservation provided to persons with disability is constitutionally valid as it falls within the horizontal scheme of reservation.
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Question: 4
What is the meaning of the ―Catch-up‖ rule associated with the matters of seniority in reservation in promotion?
What is the meaning of the ―Catch-up‖ rule associated with the matters of seniority in reservation in promotion?
Updated On: Jul 11, 2024
- If the junior candidate promoted on the basis of reservation gets promoted to further grade by the time senior general category candidate is promoted to earlier grade, the question of seniority does not arise.
- A reserved category candidate promoted on the basis of reservation earlier than his senior general category candidates in the feeder category, shall become junior when general category senior candidate too gets promoted
- The candidate promoted to higher grade on the basis of reservation remains senior even if his senior is promoted to the same grade.
- None of the above.
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The Correct Option is B
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The correct Option is (B):A reserved category candidate promoted on the basis of reservation earlier than his senior general category candidates in the feeder category, shall become junior when general category senior candidate too gets promoted
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Question: 5
The Article 16 (4A), provides for which of the following?
The Article 16 (4A), provides for which of the following?
Updated On: Jul 11, 2024
- Catch-up rule.
- Carry forward rule.
- Consequential seniority.
- All of the above.
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The Correct Option is C
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The correct Option is (C):Consequential seniority.
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Question: 6
The scheme of reservation in promotion is limited to which of the following as per the text of Article 16 (4A)?
The scheme of reservation in promotion is limited to which of the following as per the text of Article 16 (4A)?
Updated On: Jul 11, 2024
- Schedule Castes and Schedule Tribes.
- Backward class of citizens.
- PWD candidates.
- All of the above.
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The Correct Option is A
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The correct Option is (A):Schedule Castes and Schedule Tribes.
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Question: 7
Government policy of no reservation in promotion for class I and II posts was initially:
Government policy of no reservation in promotion for class I and II posts was initially:
Updated On: Jul 11, 2024
- Struck down in C.A. Rajendra case.
- Struck down in M. Nagraj case.
- Upheld in Jarnail Singh case.
- Upheld in C.A. Rajendra case.
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The Correct Option is D
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The correct Option is (D):Upheld in C.A. Rajendra case.
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Question: 8
Jarnail Singh case overruled the M. Nagraj on the issue of
Jarnail Singh case overruled the M. Nagraj on the issue of
Updated On: Jul 11, 2024
- Collection of quantifiable data to determine inadequacy of representation of SCs and STs.
- Collection of quantifiable data to determine the backwardness.
- Collection of data on efficiency of administration
- All the above.
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The Correct Option is B
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The correct Option is (B):Collection of quantifiable data to determine the backwardness.
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Question: 9
Creamy layer concept is applicable to
Creamy layer concept is applicable to
Updated On: Jul 19, 2024
- All reservations
- SC ST reservations
- OBC reservation
- Only horizontal reservation
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The Correct Option is C
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The correct Option is (C):OBC reservation
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Question: 10
In Vivekanand Tiwari, Supreme Court held that the unit for reservation in universities should be:
In Vivekanand Tiwari, Supreme Court held that the unit for reservation in universities should be:
Updated On: Jul 11, 2024
- University as a whole
- Faculties of the University
- Departments of the University
- (a) and (b)
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The Correct Option is C
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The correct Option is (C):Departments of the University
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