• Reservation in jobs and effect of High Court rulings

HC has ordered UP govt today(10/12/15) to clear its stand on OBC reservation for JATs in UP state within 8 weeks as to whether JATs should be given reservation or not keeping in mind the guidelines issued by SC in seprate JAT reservation case in march '15. SC quashed govt notification to give reservation to JATs in center. I have recently been recruited in UP govt on basis of JAT OBC state reservation. I have been doing job for the last 2 months. The recruitment process started in oct 2014 and still there are few vacancies to be filled. Recruitment process is still going on and may last for few more months(it will definitely take more than 2 months). So my question is if HC or Govt rules against JATs then will it affect this ongoing recruitment process or more specifically my job? I joined the job on   8 oct 2015.
Asked 2 years ago in Constitutional Law from Meerut, Uttar Pradesh
1) any judgement passed by court would have prospective effect 

2) it will not be retrospective in operation 

3) it would not affect those who have got job reservation under OBC quota in state 
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

The Supreme Court has already quashed reservation for Jats brought in existence by the centre. The Allahabad High Court may follow suit by quashing it in UP. If a stay has not been ordered on the recruitment process by the HC then the recruitments made will be subject to the final order of the HC. The termination letters will be issued to those who are recruited on the basis of jat reservation if the HC eventually quashes it. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. Your future in the job will depend on the Police decision of decision of court.
2. Even if JAT is not declared to be in OBC category the earlier appointment on this basis may not be hampered unless the court thinks otherwise.
3. So you have to to wait till the picture becomes clear.
Devajyoti Barman
Advocate, Kolkata
12880 Answers
166 Consultations

5.0 on 5.0

1) judgements are prospective . 

2) it will not affect those who have already joined govt service on basis of said reservation unless court specifically directs that it will affect all candidates selected on basi s of said reservation 
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

Th HC has asked the state government about is decision on the JAT reservation issue and instructed to file its reply within 8 weeks, based on which the court will decide about the next course of action.  The HC in its verdict shall give clear instructions about the pending recruitment processes in the state including the ones which have been concluded recently after the SC stuck down through its verdict against this reservation earlier.  This it will be prejudice to render an opinion on a matter which is subjudice.
Your subsequent question too is similar for which this will be the opinion from my side.
T Kalaiselvan
Advocate, Vellore
35869 Answers
390 Consultations

5.0 on 5.0

Hi, as per the latest Supreme Court ruling says the well qualified wife not entitled for any maintenance and more over she is working so she is not entitled for maintenance,

2. She may claim for alternative accommodation but in DV case she has to prove the cruelty then only she will entitled for alternative accommodation.  
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

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