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State Of Punjab vs Davinder Pal Singh Bhullar & Ors.Etc on 7 December, 2011

13. The applicant rebutted the contentions put- forth by the respondents. It was pleaded that after 13 (OA No.571/2019) the interim directions dated 17.05.2008 were passed in Jarnail Singh (para-7 supra), detailed order has also been passed in this SLP by the Hon‟ble Apex Court on 26.09.2018 and as per this detailed order there is no change in respect of the issue at hand in this OA and, therefore, the directions as were held in R.K. Sabharwal (para-6.1 supra) continue to be fully applicable. Accordingly, the status quo order dated 15.04.2019 (para 10.1 supra), relied upon by the respondents, does not alter the situation at all and R.K. Sabharwal continues to be fully applicable. 13.1 It was further pleaded that the directions, to refer the issue of reservation in promotion to a larger bench, were passed in State of Punjab & Ors. v. Davinder Singh & Ors., in Civil Appeal No.2317 of 2011 and batch, decided on 27.08.2020 by the Hon‟ble Apex Court wherein following was held:
Supreme Court of India Cites 117 - Cited by 1099 - B S Chauhan - Full Document

R. K. Sabharwal And Ors vs State Of Punjab And Ors on 10 February, 1995

6. The applicant relies upon the directions by Hon‟ble Apex Court in R.K. Sabharwal vs. State of Punjab, 1995 SCC (2) 745 where the Hon‟ble Court held that it is incumbent on State to reach a conclusion that backward classes, for whom reservation is made, are not adequately represented in State Services. Thereafter, post based roster needs to be followed especially for initial recruitment, wherein certain roster points need to be earmarked to the intended reserved community, to the extent of reservation to be achieved on running basis, wherein the roster point, which is not meant for a reserved community, can be occupied by a General as well as a reserved community candidate depending upon his/her turn in the select panel prepared as per the 5 (OA No.571/2019) method of appointment by promotion i.e. whether seniority-cum-suitability method or as per merit based method. As against this, the roster point for reserved community must necessarily be filled by a candidate belonging to that community only. 6.1 The operative part of this judgment reads as under:
Supreme Court of India Cites 5 - Cited by 786 - K Singh - Full Document
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