Constitution does not permit reservation for women in public employment: HC
2 years, 3 months ago

Constitution does not permit reservation for women in public employment: HC

The Hindu  

The Constitution does not expressly permit reservation for women in public employment. Therefore, women can, at best, be provided only horizontal and not vertical reservation on the basis of the Supreme Court’s pronouncement in the famous Indra Sawhney’s case, the Madras High Court has ruled. Chief Justice Munishwar Nath Bhandari and Justice N. Mala held that the 30% reservation provided to women in public employment under Section 26 of the Tamil Nadu Government Servants Act, 2016 would stand declared unconstitutional if the State government and the Tamil Nadu Public Service Commission wanted to continue the practice of following the vertical methodology. Thereafter, it must find out the number of the horizontal reservation beneficiaries such as the physically challenged and women who had got selected on merits under each social category. However, in cases where appointments were yet to be made, including the selection processes which were under challenge in the present batch of writ petitions, the TNPSC must follow the correct methodology highlighted by the High Court, failing which the entire reservation for women would stand declared ultra vires to the Constitution.

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History of this topic

DHCBA Women Reservation | Supreme Court Expresses Displeasure At Lawyer's Comment On Women Representation In Bench
Trending News
1 month ago

DHCBA Women Reservation | Supreme Court Expresses Displeasure At Lawyer's Comment On Women Representation In Bench

Live Law  

While hearing pleas seeking reservation for women lawyers in the Delhi High Court Bar Association, the Supreme Court today expressed serious displeasure at a counsel's comment regarding women representation in the Court's Bench. Notably, the counsel submitted that there are only 22% women lawyers in the Delhi High Court Bar, but they are seeking more than 33% reservation. Notably, the …

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1 month, 4 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 …

BREAKING| Supreme Court Orders Women's Reservation In Delhi High Court Bar Association Posts
2 months, 4 weeks ago

BREAKING| Supreme Court Orders Women's Reservation In Delhi High Court Bar Association Posts

Live Law  

The Supreme Court today ordered that there should be women's reservation for posts in the Delhi High Court Bar Association. Yesterday, it had asked the Delhi High Court Bar Association to consider reserving post of Vice-President for women lawyers in the upcoming elections. Bar Council of Delhi, Delhi High Court Bar Association and all District Bar Associations. Specifically seeking directions …

Apex court directs 33% reservation for women in premier bar body
7 months, 3 weeks ago

Apex court directs 33% reservation for women in premier bar body

Hindustan Times  

The top court on Thursday paved way for women to hold top posts in the country’s premier bar body – Supreme Court Bar Association by directing one-third reservation for women in executive member posts and office bearer positions and implemented the same from this year’s election to be held on May 16. The top court order observed that the norms, …

Madras High Court Asks State To Consider Providing Horizontal Reservation To Transgender Persons In Education, Public Employment
11 months, 2 weeks ago

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Live Law  

The Madras High court on Tuesday asked the State government to consider providing horizontal reservation to transgender persons in education and public employment. The court was hearing pleas by Grace Banu Ganesan and Rizwan Bharathi, both working for the rights of trans persons, seeking to frame and implement a horizontal reservation policy for transgender and intersex persons in public employment …

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1 year, 2 months ago

Respond to plea against law for 30% job quota for Uttarakhand women: HC to govt

Hindustan Times  

Dehradun: The Uttarakhand high court on Wednesday told the state government to file its affidavit on a plea challenging the legislation that provides 30% reservation in state government jobs to women domiciled in the state. The Uttarakhand high court last year stayed a 2006 government order that introduced reservation for women domiciled in the state A bench of justices Manoj …

Plea Against Misuse Of Women Reservation In Panchayats By Husbands : Supreme Court Allows Petitioner To Make Representation To Ministry
1 year, 5 months ago

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Live Law  

The Supreme Court, on Thursday, refused to entertain a plea which alleged that women reservation in Panchayats was being misused as husbands were running the village panchayats through proxies after their wives win from reserved seats. The petition filed through Advocate-on-Record, Swati Jindal, alleges that though the reservation has been implemented, in reality it is functioning through a proxy model, …

Reducing Cut-Off Marks After Publication Of Results Only To Provide Employment To A Particular Category Violates Article 14 : Supreme Court
1 year, 9 months ago

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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 For Women In Public Employment Can Only Be Horizontal, Not Vertical: Madras High Court To TNPSC
2 years, 3 months ago

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Live Law  

The Madras High Court has categorically held that the reservation for women in public employment can only be made horizontally and not vertically. The provisions stipulate that a minimum 30% of all the vacancies to be filled through direct recruitment shall be set apart for women candidates, irrespective of the fact whether the rule of reservation of appointment applies to …

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2 years, 3 months ago

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Live Law  

The Supreme Court on Monday, while hearing a plea seeking to re-introduce the Women's Reservation Bill, 2008 before both the houses of the Parliament, noted that it is an important matter and directed the petitioner to serve notice to the Union of India.A bench comprising of Justice Sanjiv Khanna and Justice J. K. Maheshwari was hearing a PIL filed by …

Reservation in public employment
2 years, 6 months ago

Reservation in public employment

The Hindu  

The jurisprudence of reservation relies on the symbiotic coexistence of constitutionally guaranteed equality of opportunity in public employment under Article 16 of the Constitution of India and classifications thereunder various clauses of the same article, especially Article 16 and Article 16, which are in the nature of facilitating provisions, vesting a discretion on the government to consider providing reservations for …

Strongly propose women reservation in legal education: CJI NV Ramana
2 years, 9 months ago

Strongly propose women reservation in legal education: CJI NV Ramana

India Today  

Speaking at a Supreme Court programme commemorating the first 'International Day of Women Judges', Chief Justice of India NV Ramana strongly proposed reservations for women in legal education to enrich the talent pool. Legal profession remains male-dominated The CJI went on to add, "But, I think, we are still far away from ensuring at least 50 percent representation of women …

Transgender Persons Self-Identifying As Females Can't Be Clubbed Under Women Quota, Should Be Given Special Reservation : Madras High Court
2 years, 9 months ago

Transgender Persons Self-Identifying As Females Can't Be Clubbed Under Women Quota, Should Be Given Special Reservation : Madras High Court

Live Law  

The Madras High Court has held that clubbing Transgender persons who self-identified as females under the quota for women is unconstitutional. "The decision of Tamil Nadu Uniform Services Recruitment Board to combine the TGs, who had opted for female category, along with the vacancies reserved for Women deprives equality to them which is violative of Articles 14 and 16 of …

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2 years, 11 months ago

Madras High Court Strikes Down Women Reservation In Excess Of 50% For Chennai Corporation Polls

Live Law  

In a plea against reservation in excess of 50 per cent for women in Greater Chennai Municipal Corporation, Madras High Court has held that reservation can only be based on the total number of seats in the Municipality and not on Zonal wise demarcation. The senior counsel appearing for the petitioner, S. Prabakaran, had argued that women are entitled to …

Lt. Col. Nitisha vs Union of India: The Supreme Court Recognises Indirect Discrimination
3 years, 8 months ago

Lt. Col. Nitisha vs Union of India: The Supreme Court Recognises Indirect Discrimination

Live Law  

In early 2020, the Supreme Court delivered judgment in Secretary, Ministry of Defence vs Babita Puniya, holding that the Indian Army's policy of denying women officers a permanent commission was discriminatory. The results of this process – that involved 615 eligible women officers – spurred a second round of litigation before the Supreme Court. This marks the first occasion that …

Candidates Belonging To Reserved Categories Eligible For General Category Vacancies Based On Merit: Supreme Court
4 years ago

Candidates Belonging To Reserved Categories Eligible For General Category Vacancies Based On Merit: Supreme Court

Live Law  

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Scope Of Art. 15(3) Much Wider Than Article 16(4): CAT Upholds 80% Reservation For Women Nurses In AIIMS
4 years, 1 month ago

Scope Of Art. 15(3) Much Wider Than Article 16(4): CAT Upholds 80% Reservation For Women Nurses In AIIMS

Live Law  

The Principal Bench of the Central Administrative Tribunal at Delhi has upheld 80% reservation for women in nursing officer posts. A Bench of Pradeep Kumar, Member and RN Singh, Member on Thursday dismissed two pleas against 'gender-based reservation' and said, "The reservation of 80% posts of Nursing Officer for female, as notified, is considered to be a special provision for …

Sub-Classification And Reservation
4 years, 3 months ago

Sub-Classification And Reservation

Live Law  

In State ofPunjab v. Davinder Singh, a Constitution Bench of the Supreme Court headed by Justice Arun Mishra recently referred E.V. Reading this amendment, the Supreme Court said that the constitutional provisions which deal with identifying SCs, STs and SEBCs are now "pari materia" – each group has a constitutionally recognized list which can only be modified by Parliament, and …

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