• Service law

Dear Sir,
 last time, we asked about is there any law in the constitution of India that can change a post which reserved for open category to a reserved one. It seems there exists no law about that.
Here is a brief description about our matter.
 On [deleted], Selection committee made a report that that the post for open category.
 On [deleted] the institute gave us a two year probation period appointment order for open category.
 On [deleted] Joining Date.
 [deleted]- Approval from University of Pune.
 In the year 1997, we don't remember the exact date, the University of Pune didn't show that the post wasn't reserved for S.T. category.
 On[deleted] The institute issued a one month termination notice in which there was not noticed that the post was either reserved for any category.
 0n [deleted] The institute made an amendment in the appointment letter that the post is reserved for S.T. category.
 I have my entry on the roaster till date [deleted].
 We filed a case in College Tribunal Court in the year 1998. We won the case. Then the respondent institute appealed in the Bombay High Court Bench Aurangabad, then the High Court again sent the case to Tribunal. This time, Tribunal dismissed the case on the base of reserved category.
 After this we appealed in High Court. High court allowed the petition and passed the interim order. In L.P.A court applies a stay on this order.
 High Court again dismissed this case.
 Immediately after this, we went to the Supreme Court of India and again filed S.L.P. on [deleted] Supreme Court Issued a notice to Insitute and University. But on [deleted] Supreme Court dismmissed the S.L.P. without giving any reason or giving any reference of law for the result.
 Sir, we are again filing a review petiion. But we need your help. Please tell, us "On what point we should file the review petition.?"
Asked 7 years ago in Civil Law

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4 Answers

1)it is necessary to peruse orders passed by various courts to advice

2) since your case has been dismissed by Tribunal , Hc and Sc chances of sucees in review petition are bleak

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Article 16 (4) of the Constitution of India permits the State Government to make any provision for the reservation of appointments or posts in favour of any Backward Class of citizens which, in the opinion of the State if not adequately represented in the Services under the State. It is, therefore, incumbent on the State Government to reach a conclusion that the Backward Class/Classes for which the reservation is made is not adequately represented in the State Services. While doing so the State Government may take the total population of a particular Backward Class and its representation in the State Services. When the State Government after doing the necessary exercise make the reservation and provides the extent of percentage of posts to be reserved for the said Backward Class then the percentage has to be followed strictly. The prescribed percentage cannot be varied or changed simply because some of the members of the Backward Class have already been appointed/promoted against the general seats. As mentioned above the roster point which is reserved for a Backward Class has to be filled by way of appointment/promotion of the member of the said class. No general category candidate can be appointed against a slot in the roster which is reserved for the Backward Class.

2) govt can change post from general category to reserved category

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

The order copy or the contents of the supreme court are to be seen for rendering a precise opinion to your further steps in this regard.

If you have already preferred review petition then what was the grounds that you have taken up in the review petition.?

If the supreme court confirmed the orders of high court in dismissing the S L petition, then the contents of high court dismissal order is also to be seen.

You can have a private consultation with any expert lawyer of this forum for further discussions and opinion.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

If an error has been rectified at a later stage, the violated rules on the previous occasions stand corrected.

In your case the authorities might have handled this principal or rule.

Strictly speaking the authorities would follow the rules which have been amended in their favor in the name of rectification or error, hence any challenge against this may fall on the deaf ears.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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