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46 THE CONSTITUTION OF INDIA ART. 16
of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year.]
(5) Nothing in this Article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
1[(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category.].
1.
COMMENTS
State is a model employer, is required to act fairly. (Bhupendra Nath Hazarika v State of Assam, AIR 2013 SC 234 : (2013)2 SCC 516).
In public employment, compliance of the provisions of Article 16 is necessary. (Neelima Misra v Dr. Harinder Kaur Paintal, AIR 1990 SC 1402 : (1990)2 SCC 746).
Qualifications which an employee should possess, to be decided by the employer. (Rajya Sabha Secretariat v Subhash Baloda, AIR 2013 SC 2193 : (2013)5 SCC 169).
Advertisement for recruitment on the basis of draft service Rules was held valid. (Chandigarh Administration through Director P.I. (Colleges) v Usha Kheterpal Waie, AIR 2011 SC 2956 : (2011)9 SCC 645).
A candidate selected and placed in merit list cannot be denied appointment merely because his name has not been sponsored by Employment Exchange. (Union of India v Pritilata Nanda, AIR 2010 SC 2821 : (2010)11 SCC 674 : 2010 AIR SCW 4643).
No estoppel/waiver against fundamental rights. (Olga Tellis v Bombay Municipal Corporation, AIR 1986 SC 180).
State can create civil posts by executive instructions consistent with the provisions of Article 16. (J&K Public Service Commission v Dr. Narinder Mohan, AIR 1994 SC 1808 : (1994)2 SCC 630).
Wrong benefit given to one employee, denial of same benefit to another similarly situated employee would not amount to discrimination. (Union of India v Kailash, 1998 SCC (L&S) 1531). However where only one person was left, others had been given appointment, he was given same benefit. (Rajpal v State of Haryana, (1996)7 SCC 381 : 1996(1) SCJ 183).
Public appointments - Transparency - Issuance of advertisement calling applications from all eligible candidates with full details is
Clause (6) inserted by the Constitution (One-Hundred and Third Amendment) Act, 2019, w.e.f. 12-1-2019.
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