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THE CONSTITUTION OF INDIA ART. 16
Salary/pension wrongly paid to an employee is recoverable. (State of Punjab v Rafiq Masih, AIR 2015 SC 696 : (2015)4 SCC 334).
Reservation - Disabled persons - Rule of no reservation in promotions as laid down in Indra Sawhney has clearly and normatively no application to the persons with disability. (Rajeev Kumar Gupta v Union of India, AIR 2016 SC 3228 : (2016)13 SCC 153).
Reservation for handicapped and women - 50% Rule - The rule of 50% does not apply to reservation of physically handicapped persons and women. (Mahesh Gupta v Yashwant Kumar Ahirwar, AIR 2007 SC 3136 : (2007)8 SCC 621).
Reservation for physically handicapped person shall be made on the total sanctioned strength and not on the available vacancy of recruitment year. (Vivek Singh v State of U.P., AIR 2016 SC 4081 : (2016)9 SCC 295).
Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act (1 of 1996)
Group B Post - Minimum disability should be 40% with variation in decree. Medical Board assessing disability below 40%. Held, appellant not eligible for appointment. (Rima Taipodia v Arunachal Pradesh Public Service Commission and Others, AIR 2017 SC 5272).
OBC candidate submitting caste certificate after cut of date held not ineligible. (Ram Kumar Gijroya v Delhi Subordinate Services Selection Board, AIR 2016 SC 1098).
The Supreme Court directed the Government to extend three percent reservation to persons with disability in all identified posts in Group A and Group B, irrespective of the mode of filling up of such posts. (Rajeev Kumar Gupta v Union of India, AIR 2016 SC 3228 : (2016)13 SCC 153).
Refusal to appoint a candidate selected by Selection Board also cleared by Vigilance Commissioner without any reason held improper. (Union of India v Bhaskarendu Datta Majumdar, AIR 2011 SC 196 : (2011)9 SCC 38).
Commission sending list of 671 candidates as against 100 vacancies advertised - Unsustainable. (State of Orissa v Sasmita Pattnaik, AIR 2017 SC 1418).
Physical standard prescribed in the Rules and given in the advertisement cannot be held arbitrary/bad. Prosecuting Officers in J&K Police. (State of J&K v Ajay Dogra, AIR 2011 SC 1830 : (2011)14 SCC 243).
In police services the candidate to be recruited shall be of impeccable character and integrity. Respondent acquitted in criminal case was not appointed. (Union Territory, Chandigarh Administration and Others v Pradeep Kumar and Another, AIR 2018 SC 376).
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