Search Results Page

Search Results

1 - 10 of 99 (5.64 seconds)
Documents citing Post Graduate Institute Of ... vs Faculty Association And Ors.M.L. ... on 17 April, 1998

Vivekanand Tiwari And Anr. vs Union Of India And 5 Ors. on 7 April, 2017

"We find that initially in [(1997) 9 SCC 662], State of U.P. vs. Dr. Dina Nath Shukla it was held that when such posts form a cadre subject wise then rule of reservation will be applicable but thereafter in [(2004) 12 SCC 333] State of U.P. & others vs. M.C.Chattopadhyaya and others three Judges' Bench of Supreme Court has held that the conclusions of Supreme Court in the case of Dr. Dina Nath Shukla (supra) is no longer good law in view of the Constitution Bench judgment reported in [(1998) 4 SCC 1] Post Graduate Institute of Medical Education & Research vs. Faculty Association and others and therefore, we have further checked up and ultimately found that the latest view on the point is similar.
Allahabad High Court Cites 49 - Cited by 13 - Full Document

Dr. Arun Kumar vs Dr.G.Radhakrishna Pillai on 5 October, 2021

[(2009) 1 SCC 1], the issue that came up for consideration before the court was whether all posts of lecturers could be taken together to constitute a cadre for the purposes of reservation, or the solitary post of lecturer in History, had to be seen as constituting a separate cadre in view of its non-interchangeability. It was held, following Dr. Chakradar Paswan (Supra) and Post-Graduate Institute of Medical Education & Research (Supra) that the post of lecturer in History had to be seen as constituting a separate cadre because the W.A.No.755/2021 & con. cases :: 76 ::
Kerala High Court Cites 34 - Cited by 0 - A K Nambiar - Full Document

State Of Karnataka & Ors vs K. Govindappa & Anr on 20 November, 2008

20. The decision in Dr. Chakradhar Paswan's case (supra), which has been subsequently approved by the Constitution Bench in the Post Graduate Institute of Medical Education & Research case (supra) makes it clear that isolated and separate posts can exist within a cadre and in case of such posts, if there was only one post, the same could not be set apart for a reserved candidate.
Supreme Court of India Cites 14 - Cited by 38 - A Kabir - Full Document

Mahesh Kumar Singh vs The Union Of India Through The Secretary on 3 July, 2015

In dealing with the issue raised in this appeal, it has to be kept in mind that some of the earlier decisions in Madhavi's case (supra), in the case of Suresh Chandra as J.B. Agarwal [(1997) 5 SCC 363 and Post Graduate Institute of Medical Education & Research vs. K.L. Narasimhan, [(1997) 6 SCC 283, in which reservation by rotation even in respect of a single post had been approved, was subsequently overruled in the Constitution Bench decision in the case of Post Graduate Institute of Medical Education & Research vs. Faculty Association (supra) and it was held that in no case could reservation be made applicable in respect of a single post.
Central Administrative Tribunal - Delhi Cites 10 - Cited by 0 - Full Document

Connected Miscellaneous Petitions vs ) The Madurai Kamaraj University on 29 November, 2013

23. The decision in Chakradhar Paswan (Dr.) case, which has been subsequently approved by the Constitution Bench in Post Graduate Institute of Medical Education & Research case makes it clear that isolated and separate posts can exist within a cadre and in case of such posts, if there was only one post, the same could not be set apart for a reserved candidate.
Madras High Court Cites 11 - Cited by 0 - T Raja - Full Document

Jitendra Kumar Singh & Anr vs State Of U.P.& Ors on 8 January, 2010

Learned Sr. Counsel has also submitted that the learned Single Judge has wrongly distinguished the judgment in the case of K.L.Narsimhan (supra) on the basis that it was over-ruled by a larger five Judges Bench in the case of Post Graduate Institute of Medical Education & Research, Chandigarh vs. Faculty Association and others, (1998) 4 SCC 1. The aforesaid judgment was over-ruled only on one particular point raised in the review application. The aforesaid judgment had decided three appeals in a common judgment. Review was filed only in one. Therefore, the judgment in other cases is not over-ruled.
Supreme Court of India Cites 24 - Cited by 368 - S S Nijjar - Full Document

Monika Wadhwa vs Post Graduate Institute Of Medical ... on 8 May, 2025

In Post-Graduate Institute of Medical Education & Research, Chandigarh v. Faculty Association and Others [(1998) 4 SCC 1], a five-judge bench of the Supreme Court was considering a Review Petition against a three-judge bench decision in Post Graduate Institute of Medical will wahducation & Research v. K.L. Narasimhan - [(1997) 6 SCC 283], pursuant to a reference of the issue to the larger bench by a reference order reported at State of Punjab and Another v. M.L.Sehgal and Others [(1997) 6 SCC 777]. The question before the constitution bench was whether in a single cadre post, reservation for SC's, ST's and OBC's could be applied either directly or through the roster in which vacancies are rotated amongst general category and reserved category candidates? The question was answered in the negative by clarifying that total exclusion of general members of the public and cent per cent reservation for the backward classes is not permissible under the constitutional framework. That until there was plurality of posts in a cadre, the question of reservation would not arise because any attempt at reservation, by whatever means, and even through the device of rotation of roster in a single post cadre, was bound to create 100% reservation of such post whenever such reservation was to be implemented.
Central Administrative Tribunal - Chandigarh Cites 11 - Cited by 0 - Full Document

Bhawna Garg & Anr vs University Of Delhi & Ors on 5 September, 2012

16. We may now deal with the contention of the appellants that the reservations of seats for NGOI in LHMC is excessive and when taken together with the quota of seats for SC, ST, OBC and 15% of all-India even exceeds the 50% ceiling of reservation fixed by this Court. We have perused the decisions in Indira Sawhney v. Union of India, Post Graduate Institute of Medical Education and Research v. Faculty Association and Union of India v. Ramesh Ram & Ors. (supra) cited by Ms. Malhotra and we find that the aforesaid decisions do not relate to reservations of seats for admission in medical colleges or other educational institutions, but they relate to reservations of posts in favour of SC, ST and Other Backward Classes in public services.
Supreme Court of India Cites 13 - Cited by 10 - A K Patnaik - Full Document

Smti. Nizara Ramchiary vs State Of Assam And 5 Ors on 18 February, 2021

10. We, however, disagree with the submission made by the learned counsel for respondent No.6 for the simple reason that there is only one post in the department which was to be filled up by way of promotion. Therefore, by logic the ratio laid down by the Apex Court in the case of Post Graduate Institute of Medical Education and Research v. Faculty Association is also applicable in this case as there was only one post in the department which was to be filled up by way of direct promotion and therefore, there cannot be a reservation Page No.# 6/6 on a single post. Since there cannot be reservation on this post, there cannot be any application of 100 point roster which can only be applied when reservations have to be followed.
Gauhati High Court Cites 2 - Cited by 0 - S Dhulia - Full Document
1   2 3 4 5 6 7 8 9 10 Next