No reservation on single vacancy: SC

Dismisses An Appeal Filed By Karnataka Govt Against High Court Order The Supreme Court has held that the rule of reservation cannot be applied to a single vacancy as it amounts to providing 100% reservation to a particular caste and is violative of constitutional provisions. A bench of Justices Altamas Kabir and Markandeya Katju dismissed an appeal filed by the Karnataka government which took the stand that even a single post can be reserved for the scheduled caste under the â€œrosterâ€ policy. Citing an earlier Constitution Bench ruling in the Post Graduate Institute of Medical Education and Research case, the apex court said that isolated and separate posts can exist within a cadre and if there was only one post, the same could not be set apart for a reserved candidate. In this case, the Karnataka government had refused to regularise the appointment of K Govindappa, who was appointed as a lecturer in history in an aided private college owned and managed by the Vinayaka Rural Education Society on July 10, 1994. The college situated in Tumkur district, sought regularisation of the lecturerâ€™s appointment, but the same was refused by the government on the ground that the appointment had been made in violation of the roster policy and that he had been appointed to a post which was reserved for a scheduled caste candidate. However, the Karnataka high court held that the rule of reservation would not apply to a single post, following which the State filed an appeal in the apex court. AGENCIES Rizwanur case: SC tells Todi to surrender New Delhi: The Supreme Court on Tuesday ordered Ashok Todi, prime accused in the Rizwanur Rehman murder case, to surrender by December 1. According to reports, Todi has given an undertaking in the apex court and will surrender before a trial court in Kolkata on the said date. The SC has also stayed his arrest till the surrender deadline. Industrialist Ashok Todi, along with six others, has been chargesheeted by the CBI for alleged abetment of suicide of his sonin-law Rizwan. Besides Todi, his brother Pradeep and brother-in-law Anil Saraogi, the chargesheet names the then Deputy Commissioner of Kolkata Police Ajoy Kumar, then Assistant Commissioner of Police Sukanti Chakraborty, Sub-Inspector Krishnendu Das, and family friend of the victim S M Mohiuddin alias Pappu. A Metropolitan Magistrate in Kolkata had asked the accused to appear before it on October 27 but they had failed to abide by the order leading to the issuance of nonbailable warrant. On Nov 7, Todi moved the Supreme Court challenging the order of a Kolkata trial court issuing NBW against him and other accused. AGENCIES Sacking of IAF sergeant upheld New Delhi: Disclosure of â€œclassified informationâ€ by a defence personnel or government servant to his wife can cost him his job if she passes it on to anti-nationals, the Supreme Court held on Tuesday. â€œUnfortunately, today if something is classified or confidential information, it becomes most widely circulated. Even if you had disclosed it to your office it is an offence,â€ a bench of justices Arijit Pasayat and Mukundakam Sharma observed. The bench passed the observation while dismissing the appeal filed by Ullash Bhattacharjee, an Indian Air Force sergeant, who was sacked by the government on February 10, 2003, after his wife Munmun Bhattacharjee was allegedly found leaking information to suspected anti-national elements. The IAF sergeant was working at Gwalior, Madhya Pradesh, in 2002 when his wife collected the confidential information from him and allegedly passed it on to their neighbours Sushil Kumar and Kailash, both alleged Pakistani intelligence agents. Bhattacharjee had appealed against the dismissal in the Delhi High Court which dismissed his plea following which he appealed in the apex court. Appearing for Bhattacharjee, counsel Aishwarya Bhati and Karan Singh Bhati claimed that he was innocent and the confession about his involvement in the leakage of confidential information was extracted from him under duress by the authorities

"Loved reading this piece by G. ARAVINTHAN?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group