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Documents citing Tamannaben Ashokbhai Desai vs Shital Amrutlal Nishar on 5 August, 2020

Md Sameer vs The State Of Bihar on 11 November, 2025

"43. Finally, we must say that the steps indicated by the High Court of Gujarat in para 69 of its judgment in Tamannaben Ashokbhai Desai Patna High Court CWJC No.11443 of 2024 dt.11-11-2025 14/20 [Tamannaben Ashokbhai Desai v. Shital Amrutlal Nishar, 2020 SCC OnLine Guj 2592] contemplate the correct and appropriate procedure for considering and giving effect to both vertical and horizontal reservations. The illustration given by us deals with only one possible dimension. There could be multiple such possibilities. Even going by the present illustration, the first female candidate allocated in the vertical column for Scheduled Tribes may have secured higher position than the candidate at Serial No. 64. In that event said candidate must be shifted from the category of Scheduled Tribes to Open/General category causing a resultant vacancy in the vertical column of Scheduled Tribes. Such vacancy must then enure to the benefit of the candidate in the waiting list for Scheduled Tribes-Female. The steps indicated by the Gujarat High Court will take care of every such possibility. It is true that the exercise of laying down a procedure must necessarily be left to the authorities concerned but we may observe that one set out in said judgment will certainly satisfy all claims and will not lead to any incongruity as highlighted by us in the preceding paragraphs."
Patna High Court Cites 11 - Cited by 0 - H Kumar - Full Document

Saurav Yadav vs The State Of Uttar Pradesh on 18 December, 2020

1. I am in agreement with the judgment and conclusions of Justice Lalit, and endorse them fully. I am also of the opinion that the views expressed by the Rajasthan High Court (Megha Shetty v State of Rajasthan 1, Neelam Sharma v State of Rajasthan2); Gujarat High Court (in Tamannaben Ashokbhai Desai v Shital Amrutlal Nishar3), the Bombay High Court (in Asha Ramnath Gholap v The President, District Selection Commission/Collector, 4 Kanchan Vishwanath Jagtap & Anr v Maharastra Administrative Tribunal & Ors,5 Tejaswini Raghunath Golande v Chairman, Maharastra Public Services Commission 1 2013 (4) RLW 2 2015 SCC (Online) Raj 139 3 R/LPA NO. 1910 in R/Special Civil. App No. 18968/2018 decided on 5.8.2020 4 2016 SCC Online Bom 1623 5 2016 Mah.
Supreme Court of India Cites 49 - Cited by 35 - U U Lalit - Full Document

A.Pavunkumar vs The Member Secretary on 7 January, 2022

58. Illustration of the Gujarat High Court in Paragraph Nos.58, 59, 62 & 63 of Tamannaben Ashokbhar Desai case referred to supra as affirmed in SAURAV YADAV & ORS. Vs. STATE OF UTTAR PRADESH & ORS. (2021) 4 SCC 542 can be understood while implementing 33% horizontal reservation for women from total of 115 posts for Inspector (unarmed) in the recruitment notification as detailed therein.
Madras High Court Cites 19 - Cited by 0 - C Saravanan - Full Document

A.Pavunkumar vs The Member Secretary on 7 January, 2022

58. Illustration of the Gujarat High Court in Paragraph Nos.58, 59, 62 & 63 of Tamannaben Ashokbhar Desai case referred to supra as affirmed in SAURAV YADAV & ORS. Vs. STATE OF UTTAR PRADESH & ORS. (2021) 4 SCC 542 can be understood while implementing 33% horizontal reservation for women from total of 115 posts for Inspector (unarmed) in the recruitment notification as detailed therein.
Madras High Court Cites 19 - Cited by 0 - C Saravanan - Full Document

B.Akkim vs The State Of Tamil Nadu on 7 January, 2022

58. Illustration of the Gujarat High Court in Paragraph Nos.58, 59, 62 & 63 of Tamannaben Ashokbhar Desai case referred to supra as 37/64 https://www.mhc.tn.gov.in/judis W.P.Nos.12833 & 12835 & 4852 of 2021 affirmed in SAURAV YADAV & ORS. Vs. STATE OF UTTAR PRADESH & ORS. (2021) 4 SCC 542 can be understood while implementing 33% horizontal reservation for women from total of 115 posts for Inspector (unarmed) in the recruitment notification as detailed therein.
Madras High Court Cites 17 - Cited by 0 - C Saravanan - Full Document

Ramnaresh @ Rinku Kushwah vs State Of Madhya Pradesh on 20 August, 2024

12. It could thus be seen that, this Court approved the steps indicated by the High Court of Gujarat in paragraph 69 of its judgment in the case of Tamannaben Ashokbhai Desai v. Shital Amrutlal Nishar6 for considering and giving effect to 6 2020 SCC OnLine Guj 2592 10 both vertical and horizontal reservations. In the said case, this Court was considering horizontal reservation for the female candidates. It was observed that a meritorious reserved category candidate who is entitled to the General category of the said horizontal reservation on his own merit, will have to be allotted a seat from the said General category of the horizontal reservation. Meaning thereby such a candidate cannot be counted in a horizontal seat reserved for the category of vertical reservation like SC/ST.
Supreme Court of India Cites 7 - Cited by 0 - B R Gavai - Full Document
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