Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]
8 years, 5 months ago

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]

Live Law  

Dismissing an appeal petition on interlocking reservation, the Rajasthan High Court recently affirmed that reservation for the physically handicapped is horizontal and cannot be merged with vertical reservation for determination of eligibility and vacancies.The order by a division bench of Chief Justice Navin Sinha and Justice Vijay Kumar Vyas was against. Dismissing an appeal petition on interlocking reservation, the Rajasthan High Court recently affirmed that reservation for the physically handicapped is horizontal and cannot be merged with vertical reservation for determination of eligibility and vacancies. The appellant had virtually challenged the concept of vertical and horizontal reservation questioning an The aggrieved party, who belongs to the physically handicapped category, had approached the court with two different writ petitions in 2005 and 2006. Thereafter, in the appeal order, the court held that the reservation for physically handicapped in this case was on horizontal basis in specified category.

Rajasthan Court Reservation Category Petition Horizontal Horizontal Reservation Physically Handicapped Interlocking Reservation  judgment  reservation  rajasthan  physically  handicapped  read  appeal  court  category  posts  dismisses  vertical  writ  vacant  horizontal  interlocking  hc  petition

History of this topic

Benefit Of Reservation In Promotion Available To All Under Article 16(4A), J&K Citizens Cannot Be Treated Differently: High Court
1 week, 6 days ago

Benefit Of Reservation In Promotion Available To All Under Article 16(4A), J&K Citizens Cannot Be Treated Differently: High Court

Live Law  

The Jammu and Kashmir High Court has expressed its strong disapproval of the circular issued by the General Administration Department directing all the Administrative Secretaries to keep vacant the slots meant for reserved category employees. The Court held that denying the benefit of reservation in promotion to scheduled castes and keeping their seats vacant would lead to treating citizens of …

Separate Cut-Off Mandatory For Persons With Disabilities Category In Judicial Service Selections : Supreme Court
2 weeks, 5 days ago

Separate Cut-Off Mandatory For Persons With Disabilities Category In Judicial Service Selections : Supreme Court

Live Law  

In its landmark judgment concerning appointment of visually impaired persons in judicial services, the Supreme Court directed the Rajasthan Judicial Service Examinations authorities to declare separate cut-off marks and publish separate merit list for Persons with Disabilities category at every stage of the examination and proceed with the selection process accordingly. Perusing the Rajasthan Judicial Service Rules, 2010, the Court …

Rajasthan HC Issues Notice On Plea Against Circular Classifying Transgender Persons As OBCs, Seeks Implementation Of Horizontal Reservation
2 months ago

Rajasthan HC Issues Notice On Plea Against Circular Classifying Transgender Persons As OBCs, Seeks Implementation Of Horizontal Reservation

Live Law  

The Rajasthan High Court has issued notice on a petition challenging a 2023 Circular issued by the State, classifying transgender persons as Other Backward Classes, instead of providing horizontal reservation to them. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Nupur Bhati asked the Respondent authorities, including State's Department of Social Justice and Empowerment, Department of Personnel …

Reservation Provided Under Rights Of Persons With Disabilities Act Is Confined To Posts Identified By Appropriate Government: Kerala HC
2 months ago

Reservation Provided Under Rights Of Persons With Disabilities Act Is Confined To Posts Identified By Appropriate Government: Kerala HC

Live Law  

The Kerala High Court observed that reservation provided under Section 34 of the Rights of Persons with Disabilities Act is confined to the posts which are identified by the government for persons with benchmark disabilities under Section 33. As per Section 33, the appropriate Government shall identify posts in the establishments which can be held by respective category of persons …

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem
2 months, 1 week ago

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside a 14-year-old order demoting a government employee from a post on which he served for 17 years, wherein the demotion was directed based on a judgment in a plea by a similarly situated counterpart who had also sought promotion but was denied noting that he wasn't entitled to it. The …

Punjab & Haryana HC Upholds Reservation For SC/STs In Punjab Municipal Corporation Ward, Says It Ensures Representation In Local Self-Body
2 months, 3 weeks ago

Punjab & Haryana HC Upholds Reservation For SC/STs In Punjab Municipal Corporation Ward, Says It Ensures Representation In Local Self-Body

Live Law  

The Punjab & Haryana High Court upheld the reservation made in a ward in Punjab's Nagar Panchayat Khanauri, Sangrur for the Punjab Municipal Corporation election, observing that the roster for reserving seats is created to ensure representation of the backward class category of candidates in local self-bodies.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "Needless, to say. Justice Sureshwar Thakur …

Candidate Turns 100% Blind After Submitting Application: Rajasthan HC Permits Him To Change Category, Avail PwD Quota; Calls It 'Act Of God'
3 months ago

Candidate Turns 100% Blind After Submitting Application: Rajasthan HC Permits Him To Change Category, Avail PwD Quota; Calls It 'Act Of God'

Live Law  

Rajasthan High Court allowed writ petition filed by a candidate for the post of a teacher for changing his category from “unreserved” to “physically handicapped” when his blindness transformed from 40% to 100% in between submission of application and publication of result. Opining it to be an instance of Vis Major, the bench of Justice Anoop Kumar Dhand ruled that …

Percentage Of Disability Less Than The Benchmark Level Would Not Render Meritorious Disabled Candidate Unfit For Job: Rajasthan High Court
3 months, 3 weeks ago

Percentage Of Disability Less Than The Benchmark Level Would Not Render Meritorious Disabled Candidate Unfit For Job: Rajasthan High Court

Live Law  

The Jodhpur bench of the Rajasthan High Court imposed cost of Rs. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman held that once a post was declared to be suitable for a particular kind of disability, a candidate suffering from such disability could not be declared medically unfit, if otherwise, s/he was meritorious, just because …

Preferential Treatment In Selection Based On Present Place Of Posting Discriminatory, Violates Right To Equality: Rajasthan High Court
4 months, 1 week ago

Preferential Treatment In Selection Based On Present Place Of Posting Discriminatory, Violates Right To Equality: Rajasthan High Court

Live Law  

Rajasthan High Court has ruled that Rajasthan Government's decision to grant bonus marks in teacher selection exam to those opting for posting in the districts in which they were currently posted in government employment was not only against the statutory rules but also violative of Articles 14, 15 and 16 of the Constitution of India. “The offending part of Condition …

J&K Reservation Rules | 4% Quota For Physically Challenged Persons Is Overall Horizontal Reservation, Not Compartmentalised: High Court
4 months, 2 weeks ago

J&K Reservation Rules | 4% Quota For Physically Challenged Persons Is Overall Horizontal Reservation, Not Compartmentalised: High Court

Live Law  

Resolving a significant question regarding reservation rules for physically challenged persons the Jammu and Kashmir and Ladakh High Court has clarified that the 4% reservation for physically challenged individuals, as outlined in the J&K Reservation Rules of 2005, constitutes an overall horizontal reservation, which applies broadly and does not operate as a compartmentalised category-specific quota. Overall Horizontal Reservation: In this …

Supreme Court Allows Candidate With Blindness to Attend Interview for Civil Judge Selection
4 months, 3 weeks ago

Supreme Court Allows Candidate With Blindness to Attend Interview for Civil Judge Selection

Live Law  

The Supreme Court has allowed a candidate with blindness to attend the interview for the selection of Civil Judges in Rajasthan. The Court noted that the reservations for the persons with benchmark disabilities are horizontal in nature- cutting across the vertical reservations. The Court also directed that the petitioner shall be called for an interview as part of the ongoing …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
6 months, 2 weeks ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

Rajasthan Land Revenue Rules 1963 | District Collector's Order Is Appealable Before Revenue Appellate Authority: High Court
1 year, 3 months ago

Rajasthan Land Revenue Rules 1963 | District Collector's Order Is Appealable Before Revenue Appellate Authority: High Court

Live Law  

The Rajasthan High Court has iterated that no party can be left remediless merely because there is no provision for appeal provided in a statute. The Court observed thus in the context of Rajasthan Land Revenue Rules, 1963, wherein it noted that regardless of the presence or absence of such lacunae in the Act, the petitioner can prefer an appeal …

Reducing Cut-Off Marks After Publication Of Results Only To Provide Employment To A Particular Category Violates Article 14 : Supreme Court
2 years ago

Reducing Cut-Off Marks After Publication Of Results Only To Provide Employment To A Particular Category Violates Article 14 : Supreme Court

Live Law  

The Supreme Court has recently disapproved of a departmental selection committee’s decision to reduce the qualifying marks after the publication of results to facilitate the appointment of a special category of candidates comprising women, persons with disabilities, and former members of the armed forces, to the post of ‘Supervisor Instructor, Class­III’ in various industrial training institutes across the state of …

Reservation Must Reach Every Deserving Candidate, Cannot Be Eaten Away By Meritorious Reserved Category Candidate: J&K&L High Court
2 years, 6 months ago

Reservation Must Reach Every Deserving Candidate, Cannot Be Eaten Away By Meritorious Reserved Category Candidate: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Tuesday observed that the benefit of reservation must reach to the deserving candidate in the category and State is under obligation that this benefit is not eaten away by a candidate of reserved category, who has equal or better merit than that of candidate last admitted in the professional course in …

S.34 Rights Of Persons With Disabilities Act Challenged Over Exclusion Of Persons With Haemophilia: Rajasthan High Court Issues Notice
2 years, 11 months ago

S.34 Rights Of Persons With Disabilities Act Challenged Over Exclusion Of Persons With Haemophilia: Rajasthan High Court Issues Notice

Live Law  

The Rajasthan High Court has issued notice to Centre on a plea challenging the constitutionality of Section 34 of the Rights of Persons with Disabilities Act, 2016 inasmuch as it does not provide benefit of reservation to the persons with disability of Haemophilia. The petitioner also sought direction to the respondent authorities to include persons with disability of Haemophilia under …

Supreme Court Weekly Round Up, October 4 To October 10, 2021
3 years, 5 months ago

Supreme Court Weekly Round Up, October 4 To October 10, 2021

Live Law  

Part-Time Employees Can't Seek Regularization As Matter Of Right Contrary To Govt's Regularization Policy: Supreme CourtCase Title: Union of India and Ors v Ilmo Devi and Anr| Civil Appeal No 5689 of 2021Citation : LL 2021 SC 561The Supreme Court observed that part-time temporary employees in a Government-run institution cannot claim parity in salary with regular. Part-Time Employees Can't Seek …

Reservation In Promotions For Persons With Disabilities : Centre Seeks Clarifications On Supreme Court Verdict
3 years, 6 months ago

Reservation In Promotions For Persons With Disabilities : Centre Seeks Clarifications On Supreme Court Verdict

Live Law  

The Central Government has filed an application in the Supreme Court seeking clarifications with respect to its judgment which declared that persons with disabilities have right to reservation in promotions.On Tuesday, a bench comprising Justices L Nageswara Rao, BR Gavai and Sanjiv Khanna heard arguments on the Centre's application, which seeks clarifications with respect to the. The Central Government has …

Supreme Court Issues Notice On Plea Challenging 102nd Constitutional Amendment
4 years ago

Supreme Court Issues Notice On Plea Challenging 102nd Constitutional Amendment

Live Law  

The Constitution Bench of the Supreme Court hearing the challenge against Maratha Quota has issued notice in a writ petition challenging 102nd Constitutional Amendment.This writ petition, filed by Shiv Sangram, a political party based in Maharashtra and its leader Vinayakrao T. Mete, is tagged along with Maratha Quota cases.Let formal notice be also issued to the learned Attorney General in. …

Rajasthan High Court Asks State To Consider Representation For Inclusion Of Persons With Hearing Impairment Under PwD Act
4 years, 1 month ago

Rajasthan High Court Asks State To Consider Representation For Inclusion Of Persons With Hearing Impairment Under PwD Act

Live Law  

The Jaipur Bench of the Rajasthan High Court has dismissed a writ petition seeking a direction to the State Government to include persons with locomotive disabilities and/or hearing impairment under the Rights of Persons with Disabilities Act, 2016. In this backdrop, the Division Bench has ordered, "the State of Rajasthan shall consider amending its earlier notification and to bring it …

Jammu & Kashmir HC Issues Notice To Center In Plea Against 100% Domicile Reservation In Public Employment In The UT [Read Order]
4 years, 7 months ago

Jammu & Kashmir HC Issues Notice To Center In Plea Against 100% Domicile Reservation In Public Employment In The UT [Read Order]

Live Law  

The Srinagar Bench of the Jammu and Kashmir High Court has issued notices on a petition challenging 100% domicile reservation in public employment, prevalent in the UT. The plea has been filed by Ladakh based lawyer Najm Ul Huda, Advocate Nishant Khatri and Sachin Miglani, challenging Sections 3A, 5A, 6, 7 & 8 of the Jammu and Kashmir Civil Services …

[EWS Quota] Rajasthan HC Sets Aside Single Judge Order Directing Fresh Counseling For Medical PG Admissions In the State [Read Judgment]
4 years, 8 months ago

[EWS Quota] Rajasthan HC Sets Aside Single Judge Order Directing Fresh Counseling For Medical PG Admissions In the State [Read Judgment]

Live Law  

A Chief Justice led division bench of the Rajasthan High Court on Friday quashed the order of a single-Judge, directing the state Government and NEET, PG Medical Counseling Board, to conduct fresh round of counseling for admissions to PG seats in the State by including additional 89 seats allotted for implementation of Economically Weaker Sections quota. "There was no infirmity …

Rajasthan HC Grants 20% Concession Of Marks To Persons With Disability In Eligibility Examination for Teachers [Read Order]
5 years, 7 months ago

Rajasthan HC Grants 20% Concession Of Marks To Persons With Disability In Eligibility Examination for Teachers [Read Order]

Live Law  

Allowing various Writ Petitions filed against the State, the Rajasthan High Court granted relaxation to persons with disability to the tune of 20% marks in passing/qualifying marks in Rajasthan Eligibility Examination for Teachers. The Petitioners were aggrieved by the State of Rajasthan's policy that did not permit any relaxation to persons with disabilities in REET. The Respondent State submitted that …

SC Restrains Rajasthan Govt. From Crossing 50% Ceiling In Reservation [Read Order]
7 years, 4 months ago

SC Restrains Rajasthan Govt. From Crossing 50% Ceiling In Reservation [Read Order]

Live Law  

In a setback to the Rajasthan Government, the Supreme Court, on Wednesday, restrained it from exceeding the 50% ceiling in providing reservations to Gujjars and other communities under the OBC category.The Court was hearing a Special Leave Petition filed by the State, challenging an order passed by the High Court, which had stayed a new State legislation titled Rajasthan Backward. …

SC Restrains Rajasthan Govt. From Crossing 50% Ceiling In Reservation [Read Order]
7 years, 4 months ago

SC Restrains Rajasthan Govt. From Crossing 50% Ceiling In Reservation [Read Order]

Live Law  

In a setback to the Rajasthan Government, the Supreme Court, on Wednesday, restrained it from exceeding the 50% ceiling in providing reservations to Gujjars and other communities under the OBC category.The Court was hearing a Special Leave Petition filed by the State, challenging an order passed by the High Court, which had stayed a new State legislation titled Rajasthan Backward. …

Punjab and Haryana HC upholds constitutional validity of jat quota.
7 years, 6 months ago

Punjab and Haryana HC upholds constitutional validity of jat quota.

Op India  

The Punjab and Haryana High Court on Friday upheld the Constitutional validity of the Haryana Backward Classes Act 2016, providing reservation to six communities including Jat under newly created BC category. … or commission will collect data on basis of which percentage to which extent reservation is to be granted to be determined: AAG Haryana — ANI September 1, 2017 …

No Facts, No Submission, No Reasons In Order: SC Sets Aside Rajasthan HC Judgment [Read Judgment]
7 years, 11 months ago

No Facts, No Submission, No Reasons In Order: SC Sets Aside Rajasthan HC Judgment [Read Judgment]

Live Law  

The Supreme Court has set aside a Rajasthan High Court judgment which did not set out even the factual controversy nor dealt with the submissions urged by the parties before it and nor examined the issues in the context of relevant provisions of the Act that governed the controversy.A single bench of the high court had dismissed a writ petition …

Rajasthan HC Quashes Reservation To Gujjars, Four Other Castes [Read Judgment]
8 years, 3 months ago

Rajasthan HC Quashes Reservation To Gujjars, Four Other Castes [Read Judgment]

Live Law  

Reservation should not be provided to achieve political goals as it results in caste based agitation to bargain with the government,said the BenchThe Rajasthan High Court has quashed a notification dated 16th October, 2015, issued by the state government and Rajasthan Special Backward Classes Act, 2015, which provided 5% reservation to Gujjars and four other castes under the Special Backwards …

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]
8 years, 5 months ago

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]

Live Law  

Dismissing an appeal petition on interlocking reservation, the Rajasthan High Court recently affirmed that reservation for the physically handicapped is horizontal and cannot be merged with vertical reservation for determination of eligibility and vacancies.The order by a division bench of Chief Justice Navin Sinha and Justice Vijay Kumar Vyas was against. Dismissing an appeal petition on interlocking reservation, the Rajasthan …

No reservation for disabled in promotional posts: Himachal Pradesh HC [Read Judgment]
8 years, 9 months ago

No reservation for disabled in promotional posts: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court has held that reservation provided under Section 33 of the Persons with Disabilities Act, 1995) is not available on promotion.Dismissing the appeal against the Single Bench judgment, the Division Bench comprising of Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan, rejected the. Dismissing the appeal against the Single Bench judgment, the Division Bench …

Haryana High Court stays reservation for Jats, five other communities
8 years, 9 months ago

Haryana High Court stays reservation for Jats, five other communities

Deccan Chronicle  

Chandigarh: Punjab and Haryana High Court on Thursday stayed the reservation for Jats and five other communities provided by the Haryana government under a newly carved Backward Classes category. The high court passed the order while hearing a petition challenging the constitutional validity of The Haryana Backward Classes Act 2016 that was passed unanimously by the state Assembly on March …

Supreme Court stays Rajasthan HC ban on ‘Santhara’
9 years, 6 months ago

Supreme Court stays Rajasthan HC ban on ‘Santhara’

Live Law  

Supreme Court has stayed the Rajasthan High Court judgment banning ‘Santhara’, a ritual of fasting unto death, observed by followers of Jainism. An association of members belonging to the Jain community had filed a petition today before the Supreme Court seeking leave to appeal against the August 10 judgment of the Rajasthan High Court. They contended the writ petition was …

Approach HC first: SC on Rajasthan Ordinance
10 years, 2 months ago

Approach HC first: SC on Rajasthan Ordinance

Live Law  

Holding that the High court was the appropriate forum for challenging the validity of the Rajasthan Ordinance passed recently vide dated 24th December, 2014, the Supreme Court refused to entertain petitions against the ordinance. The ordinance recently passed by the Rajasthan Government mandates educational qualifications for candidates to contest elections at various levels of. The ordinance recently passed by the …

Discover Related