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Nishant. S. Diwan vs High Court Of Delhi Through Registrar ... on 25 March, 2014 cites

Roop Chand Adlakha And Ors vs Delhi Development Authority And Ors on 26 September, 1988

17. The Supreme Court had perspicuously held that the doctrine of classification, which can be legitimately used to examine complaints of discrimination and violation of Article 14, itself cannot produce inequality, through under-classification or undue emphasis as the basis of drawing distinction when none exist. This aspect was emphasized in Roop Chand Adlakha and Ors. v. Delhi Development Authority and Ors., AIR 1989 SC 307:
Supreme Court of India Cites 12 - Cited by 141 - M Rangnath - Full Document

Dhirendra Kumar Mandal vs The Superintendent Andremembrancer Of ... on 20 April, 1954

In one of the earlier cases, the Court had emphasized that when some distinction is sought to be the basis of differentiation for the purpose of classification, under Article 14, "the classification, however, must be based on some real and substantial distinction bearing a just and reasonable relation to the objects sought to be attained and cannot be made arbitrarily and without any substantial basis.." (Ref. Dhirendra Kumar Mandal v The Superintendent and Remembrancer of Legal Affairs to the Govt. of West Bengal and Anr. AIR 1954 SC 424).
Supreme Court of India Cites 19 - Cited by 20 - M C Mahajan - Full Document

National Federation Of Blind vs Union Public Service Commission And ... on 23 March, 1993

21. The decision in National Federation of the Blind (supra) states that reservation under the Disabilities Act is to be vacancy-based - on a textual reading of Section 33. If one were to literally apply that authority to the facts of this case, it would not be possible to earmark any post under the 3% quota since the total number of advertised posts is only 14. Keeping in mind the circumstance that for the period 2007 onwards when the disabilities reservation was introduced in Judicial Services in Delhi for the first time, and also taking notice of the fact that this Court is called upon to decide the issue in the context of the direct recruitment quota for the DHJS which is 25% of the entire cadre strength of 224 posts or such other number as is determined, having regard to the increased number of posts, the most feasible approach under the circumstances would be to determine the total number of posts that are to be filled in this quota before actually taking steps to fill them. This Court is also mindful of the circumstance that the advertisement in this case was issued on 30.12.2013. The petitioner approached this Court on 03.02.2014. One of the alternatives that this Court could adopt would be to direct the consideration of the petitioner's case, based upon his claim as a disabled candidate and, therefore, entitled to be considered as against the 3% quota. Although this course is attractive, at the same time, the Court cannot be W.P.(C) 983/2014 Page 22 oblivious of the circumstance that other eligible and possibly equal, if not more meritorious candidates, are unaware of their right to be considered against this quota. Directing the petitioner's case alone to be processed on the basis of the documents and materials presented by him to back-up the claim of disability would in such a case result in keeping out those candidates. In these circumstances, this Court is of the opinion that the most appropriate method of proceeding with this exercise is to direct the respondents to earmark one of the advertised posts for disabled candidates in terms of the 3% quota under the Disabilities Act and not fill it up in the present recruitment process. Once the recruitment process is completed and the appointments are made, depending upon the further number of vacancies which may exist at the stage of declaration of results, the respondents should carry-out a review of the balance number of vacancies that can be appropriately earmarked for those with disabilities, club them with the post directed to be kept apart and proceed with the next recruitment process, clearly indicating the total number of vacancies earmarked under the 3% quota. In the event the respondents are not in a position to advertise all the vacancies, it shall endeavour to at least carry-out a special recruitment procedure in respect of only the earmarked vacancies falling to the share of those entitled to be considered under the 3% quota under the Disabilities Act, within one year of the date of declaration of results in the current recruitment process. A direction is accordingly issued to the respondents to carry-out the exercise and complete the special recruitment drive after following the steps indicated above.
Supreme Court of India Cites 1 - Cited by 32 - K Singh - Full Document
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