case comment
NIRMA UNIVERSITY
INSTITUTE OF LAW
A CASE COMMENT SUBMITTED FOR THE PARTIAL FULFILLMENT OF THE FIVE YEARS INTEGRATED DEGREE OF LAW HONOURS
ON
ASHOK KUMAR GUPTA & ANR. VS. STATE OF U.P, 1997
JURISPRUDENCE LAW
COURSE CODE: 11BL603
COURSE: B.com.L.L.B (HONS)
SEMESTER-VI
JANUARY 2014- MAY 2014
SUBMITTED TO - SUBMITTED BY-
Ms. Rejitha Nair Yash Patel Roll no. 11BBL089 Semester-VI
Facts
This appeal by special leave arises from the judgment dated 4th August, 1983 of the Allahabad High Court, Lucknow Bench.
The writ petition also arises from the same facts but is filed by different set of officers challenging the promotion of respondents.
The qualifying service in the lower cadre for promotion to higher cadre is also prescribed. The procedure for determination of the vacancies to be reserved under Rule 6 for Dalits, Tribes and other categories has been provided in Rule 7 of Uttar Pradesh Service of Engineers Public Works Department) (Higher) Rules, 1990.
The Government had provided percentage in reservation for Dalits and Tribes at 18% and 2% respectively in all services or posts to be filled in by promotion through process of selection either by direct recruitment or by competitive examination or limited departmental examination.
The said percentage has been increased to 21% for Dalits and retained 2% for the Tribes under the U.P. Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994. Moreover, if SCs and STs were not available, and public interest required the vacancies to be filled, general category candidates would be appointed on an ad hoc basis.
The carry-forward rule could not exceed 45%. It was also provided that each category would be prepared separately in the order of their inter se seniority for available vacancies for each category and
INSTITUTE OF LAW
A CASE COMMENT SUBMITTED FOR THE PARTIAL FULFILLMENT OF THE FIVE YEARS INTEGRATED DEGREE OF LAW HONOURS
ON
ASHOK KUMAR GUPTA & ANR. VS. STATE OF U.P, 1997
JURISPRUDENCE LAW
COURSE CODE: 11BL603
COURSE: B.com.L.L.B (HONS)
SEMESTER-VI
JANUARY 2014- MAY 2014
SUBMITTED TO - SUBMITTED BY-
Ms. Rejitha Nair Yash Patel Roll no. 11BBL089 Semester-VI
Facts
This appeal by special leave arises from the judgment dated 4th August, 1983 of the Allahabad High Court, Lucknow Bench.
The writ petition also arises from the same facts but is filed by different set of officers challenging the promotion of respondents.
The qualifying service in the lower cadre for promotion to higher cadre is also prescribed. The procedure for determination of the vacancies to be reserved under Rule 6 for Dalits, Tribes and other categories has been provided in Rule 7 of Uttar Pradesh Service of Engineers Public Works Department) (Higher) Rules, 1990.
The Government had provided percentage in reservation for Dalits and Tribes at 18% and 2% respectively in all services or posts to be filled in by promotion through process of selection either by direct recruitment or by competitive examination or limited departmental examination.
The said percentage has been increased to 21% for Dalits and retained 2% for the Tribes under the U.P. Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994. Moreover, if SCs and STs were not available, and public interest required the vacancies to be filled, general category candidates would be appointed on an ad hoc basis.
The carry-forward rule could not exceed 45%. It was also provided that each category would be prepared separately in the order of their inter se seniority for available vacancies for each category and
References: Websites referred: www.indiakanoon.com www.legalservices.com www.manupatra.com www.jstor.org Books referred: V.D Mahajan ,Jurisprudence and legal theory, Eastern Book Company, Fifth edition, 2010 N. Jay Kumar , Buttersworth , Lexis Nexis. Dr. J.N. Pandey , the Constitutional law of India, Central law Agency, 49th Edition, 2012. Bare act of Constitution of India, 1950.