Page 61 - test_constitution 100

ART. 16 THE CONSTITUTION OF INDIA 61
void ab initio. (Chairman and Managing Director, Food Corporation of India v Jagdish Balaram Bahira, AIR 2017 SC 3271 : (2017)8 SCC 670; State of Orissa v Bibhisan Kanhar, AIR 2017 SC 3417).
Article 16(4) - Reservation in appointment and in promotion is not a fundamental right. (Ajit Singh v State of Punjab, AIR 1999 SC 3471 : (1999)7 SCC 209).
Social reservations in favour of SC, ST and OBC under Article 16(4) are ‘vertical reservations.’ Special reservations 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 backward class under Article 16(4), the candidates belonging to such backward class, may compete for non-reserved posts on their own merit, their numbers will not be counted against the quota reserved for the respective backward class. Therefore, if the number of SC candidates, who by their own merit, get selected to open competition vacancies, equals or even exceeds the percentage of posts reserved for SC candidates, it cannot be said the reservation quota for SCs has been filled. The entire reservation quota will be intact and available in addition to those selected under Open Competition category. But the aforesaid principle applicable to vertical (social) reservations will not apply to horizontal (special) reservations. Women selected on merit within the vertical reservation quota will be counted against the horizontal reservation for women. (Rajesh Kumar Daria v Rajasthan Public Service Commission, AIR 2007 SC 3127 : (2007)8 SCC 785).
President of India is Head of Union Territory. Migrant SC/ST candidates are held eligible for reserved posts in Pondicherry administration. (S. Pushpa v Sivachanmugavelu, AIR 2005 SC 1038 : (2005)3 SCC 1).
Thandan Community to be treated SC, entitled to reservation. (T. Kocha v State of Kerala, AIR 2016 SC 1801 : (2016)11 SCC 280).
Article 16(4-A) is an enabling provision. This clause is governed by the two compelling reasons viz. backwardness and inadequacy of representation specified in Article 16(4). (M. Nagaraj and Others v Union of India and Others, 2006(6) Kar. L.J. 529 (SC) : AIR 2007 SC 71 : (2006)8 SCC 212).
Article 16(4) has to be construed in the light of Article 335 of the Constitution. Inadequacy in representation and backwardness of Scheduled Caste and Scheduled Tribes are circumstances which enable the State Government to act under Article 16(4) of the Constitution. However, the limitations on the discretion of the Government in the matter of reservation under Article 16(4) as well as Article 16(4-A) come in the form of Article 335 of the constitution. (M.
A KLJ PUBLICATION