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ART. 16 THE CONSTITUTION OF INDIA 59
ST in one State does not carry same status in another State, Union Territory. (Bir Singh v Delhi Jal Board, AIR 2018 SC 4077).
Reservation - SC/ST candidates on migration to another State not entitled to reservation. (Sanjeev Kumar v State of Bihar, AIR 2017 SC 1501 : (2016)13 SCC 105).
Social reservations in favour of SC, ST and OBC under Article 16(4) are “vertical reservations”, Special reservation in favour of physically handicapped, women, etc., under Article 16(1) or 15(3) are “horizontal reservations”. Where a vertical reservation is made in favour of a Backward Class under Article 16(4), the candidates belonging to such Backward Class, may compete for non-reserved posts and if they are appointed to the non-reserved posts on their own merit, their number will not be counted against the quota reserved for respective Backward Class. (Public Service Commission, Uttaranchal v Mamta Bisht, AIR 2010 SC 2613 : (2010)12 SCC 204 : 2010 AIR SCW 3722).
Carry forward rule - In case of horizontal reservation, the carry forward rule would not be applicable. (Jitendra Kumar Singh v State of U.P., AIR 2010 SC 1851 : (2010)3 SCC 119).
Selection criteria - In case, no procedure is prescribed by the rules and there is no other impediment in law, the competent authority while laying down the norms for selection may prescribe for the tests and further specify the minimum Bench Marks for written test as well as for viva-voce. (Ramesh Kumar v High Court of Delhi, AIR 2010 SC 3714 : (2010)3 SCC 104).
IPS Officers - allocation of Cadre - An IPS Officer in matter of allocation of State cadre has no right to be allocated/appointed to a particular State cadre. Right to fair consideration. (Vikarama Varma v Avinash Mohanty, AIR 2011 SC 2627 : (2011)7 SCC 385).
U.P. Non-technical (Class-II/Group ‘B’) Services (Appointment of Demobilised Officers) Rules, 1980. Benefit of past service under the Rules can be given only to those officers who joined army during emergency and not after emergency was over. (Rajendra Pratap Singh Yadav v State of U.P., AIR 2011 SC 2737 : (2011)7 SCC 743).
Benefit of past service – On bifurcation of State, employee is entitled to benefit of past service. (Shakti Prasad Bhatt v State of Uttrakhand, AIR 2018 SC 2724).
Demobilised armed Forces Personnel (Reservation of Vacancies in the Himachal Pradesh State Non-Technical Services) Rules (1972)
Benefit of seniority to Ex-Servicemen cannot be granted when they join forces at their own choice and not at the time of emergency/war. (R.K. Barwal and Others v State of Himachal Pradesh and Others, AIR 2018 SC 403).
Seniority list - Finality of seniority list should not be disturbed except for very compelling reasons. (Rajendra Pratap Singh Yadav v State of U.P., AIR 2011 SC 2737 : (2011)7 SCC 743).
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