Preview

case comment

Powerful Essays
Open Document
Open Document
2068 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
case comment
NIRMA UNIVERSITY
INSTITUTE OF LAW

A CASE COMMENT SUBMITTED FOR THE PARTIAL FULFILLMENT OF THE FIVE YEARS INTEGRATED DEGREE OF LAW HONOURS
ON

ASHOK KUMAR GUPTA & ANR. VS. STATE OF U.P, 1997
JURISPRUDENCE LAW
COURSE CODE: 11BL603

COURSE: B.com.L.L.B (HONS)
SEMESTER-VI
JANUARY 2014- MAY 2014

SUBMITTED TO - SUBMITTED BY-
Ms. Rejitha Nair Yash Patel Roll no. 11BBL089 Semester-VI

Facts

This appeal by special leave arises from the judgment dated 4th August, 1983 of the Allahabad High Court, Lucknow Bench.
The writ petition also arises from the same facts but is filed by different set of officers challenging the promotion of respondents.
The qualifying service in the lower cadre for promotion to higher cadre is also prescribed. The procedure for determination of the vacancies to be reserved under Rule 6 for Dalits, Tribes and other categories has been provided in Rule 7 of Uttar Pradesh Service of Engineers Public Works Department) (Higher) Rules, 1990.
The Government had provided percentage in reservation for Dalits and Tribes at 18% and 2% respectively in all services or posts to be filled in by promotion through process of selection either by direct recruitment or by competitive examination or limited departmental examination.
The said percentage has been increased to 21% for Dalits and retained 2% for the Tribes under the U.P. Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994. Moreover, if SCs and STs were not available, and public interest required the vacancies to be filled, general category candidates would be appointed on an ad hoc basis.
The carry-forward rule could not exceed 45%. It was also provided that each category would be prepared separately in the order of their inter se seniority for available vacancies for each category and



References: Websites referred: www.indiakanoon.com www.legalservices.com www.manupatra.com www.jstor.org Books referred: V.D Mahajan ,Jurisprudence and legal theory, Eastern Book Company, Fifth edition, 2010 N. Jay Kumar , Buttersworth , Lexis Nexis. Dr. J.N. Pandey , the Constitutional law of India, Central law Agency, 49th Edition, 2012. Bare act of Constitution of India, 1950.

You May Also Find These Documents Helpful

  • Good Essays

    Divorce Case Summary

    • 1177 Words
    • 5 Pages

    1. This Notice of Appeal is brought by NDEM BURABARI ODUU, (“Respondent”), pro-SE, who now submits his Appeal or De-Novo request and would show the following:…

    • 1177 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Shiloh Museum Case Study

    • 971 Words
    • 4 Pages

    6. Recruitment. Applications for any vacant position shall be solicited by the director. After initial…

    • 971 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    India's Caste System

    • 516 Words
    • 3 Pages

    Since 1950, India has enacted and implemented many laws and social initiatives to protect and improve the socio-economic conditions of its Dalit population. By 1995, of all jobs in the Central Government service, 17.2 percent of the jobs were held by Dalits. Of the highest paying, senior most jobs in government agencies and government controlled enterprises, over 10 percent were held by members of the Dalit community, a tenfold increase in 40 years but yet to fill up the 15 percent reserved quota for them. In 1997, India democratically…

    • 516 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Project Management

    • 4753 Words
    • 20 Pages

    Applications are invited from eligible Indian citizens to fill up the vacancies for the following…

    • 4753 Words
    • 20 Pages
    Good Essays
  • Satisfactory Essays

    Cl Summary

    • 560 Words
    • 3 Pages

    This is an appeal which is against the decision upholding the previous appeal. While the legal issue is that whether UDC who is the appellant in this case had fiduciary relationship with Brian who is the first respondent and whether UDC acted in the breach of its fiduciary duty to Brian.…

    • 560 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 1838 of 2013 Petitioner :- Ramratan Respondent :- Civil Judge, J.D. And 3 Others Counsel for Petitioner :- Abhishek Misra Hon'ble Sanjay Misra,J. Heard Sri Abhishek Misra, learned counsel for the petitioner. Notice need not be issued to respondents, in view of the order being passed herein. Learned counsel for petitioner states that the Application Paper No.7-C filed in Suit No.952 of 2013 (Ramratan Vs. Gyanwati & others) by the petitioner is pending before Civil Judge (Jr. Division) Gorakhpur. A prayer has been made to issue a direction to the Respondent No.1 to decide the said application expeditiously. In so far as the relief claimed by the petitioner is concerned, no such order requires to be passed by this Court since there is no material available on record to indicate the pendency position of cases before the Respondent No.1 and as to how many older cases than of the petitioner, are pending before him. Therefore, this petition is finally disposed of by providing that the petitioner can file an expedite application before the Respondent No.1 for expeditious disposal of his application Paper No.7-C by giving reasons of urgency and in case such an expedite application is made the Respondent No.1 should apply his mind to the reasons set forth regarding urgency and pass orders thereupon forthwith. In case the Respondent No.1 accepts the grounds of urgency taken in the expedite application then he should ensure that any defendant who has put in appearance in the suit should be heard also on the application paper No.7-C. However, if the trial court is of the opinion that the unserved defendants are necessarily to be heard then in that event the application of the petitioner if any for service of notice in accordance with the procedure prescribed may be considered and disposed of forthwith. The petition is disposed of. No order is passed as to costs.…

    • 339 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Human Resource Management

    • 3937 Words
    • 16 Pages

    The process of recruitment and selection must be fair, systematic, efficient and effective, ensuring equality of opportunities. Employees must be appointed in accordance with relevant statutory obligation, code of practice, the company rules (i.e. Surance Brokers CC) and in line with the relevant policies and procedures. The approach will be to ensure that Surance Brokers CC employs people with the right skills and at the right time. No job applicant or employee will receive less favourable treatment because of their…

    • 3937 Words
    • 16 Pages
    Good Essays
  • Better Essays

    When our country achieved independence, a large section of the society was leading a miserable life. They had been exploited for ages and the false beliefs in the society at that time further worsened their condition. The government of that day introduced the concept of reservations so that there would be equal progress of all sections of the society. Over the years, the condition of the people of reserved categories has improved at a fast rate while that of the middle class, general or open category people has remained more or less the same. After nearly 60 years of independence now, general category people have started to feel that they are being subjugated and that the odds have been stacked against them. At a time like this, the government’s decision to bring out legislation to implement a 27% quota for OBCs adds further fuel to the fire.…

    • 1292 Words
    • 6 Pages
    Better Essays
  • Good Essays

    (Bihar Act XIII of 1952) or Bihar & Orissa Municipal Act, 1922 (Bihar Act VII of…

    • 42237 Words
    • 176 Pages
    Good Essays
  • Powerful Essays

    The number of vacancies to be filled on the result of the examination of 2012 is expected to be approximately 1037. The number of vacancies may undergo change.Reservation will be made for candidates belonging to Scheduled Castes. Scheduled Tribes, Other Backward Classes and Physically Disabled Categories in respect of vacancies as may be fixed by the Government.…

    • 9235 Words
    • 41 Pages
    Powerful Essays
  • Good Essays

    The setting up of LPG distributorships at the identified locations is a business proposition that…

    • 17970 Words
    • 111 Pages
    Good Essays
  • Powerful Essays

    It has come on the record that the deceased Ashok Raosaheb Bade died on 25/11/2009 due to electrical shock and at the time of the alleged incident he was 30 years old. However, there is nothing on the record to show that respondent no. 01 has employed the deceased Ashok as a labour. The petitioners failed to prove the master and servant relationship between the respondents and the deceased Ashok. So also the petition is barred by the law of limitation, as per the provisions of section 10 (2) of the Employees Compensation Act, 1923. In the above circumstances the petitioners are not entitled to claim compensation from the respondents, as prayed. In view of my above discussion, I answered issue no. 03 in the negative and in reply to issue no. 04, pass the following…

    • 2065 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Among the overall respondents, 33 percent of them are from Scheduled Caste in which 32 percent of candidates are male and 36 percent of candidates are female. The eligible candidates for the resident program are of 31 percent and eligible candidates for the non-resident program are of 39 percent. This report also includes 28 percent of current candidates, 31 percent of in-training drop-out candidates, 34 percent of non-placed candidates, 30 percent of placed candidates, 34 percent of post placed drop-out candidates and 40 percent of prospects candidates.…

    • 1092 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    Grean City Clean City

    • 7789 Words
    • 32 Pages

    HARYANA STAFF SELECTION COMMISSION BAYS NO. 67-70, SECTOR-2, PANCHKULA-134151 Advt. No. 2 / 2011 Date of publication: 06.12.2011 Closing date for receipt of applications in the Commission’s office: 07.01.2012 Applications are invited through registered post for the under mentioned posts on the prescribed application form, the format of which is given at the end. The candidates are advised to strictly use this format of the application form only otherwise their application will be rejected. The format given at the end should be photocopied (enlarged) on a thick paper. A cut out from the newspaper should not be used. The number of posts given below is liable to variation. The candidate should specify on the top of the envelope the word- Advt. No., Name and category of the post applied for:DETAILS OF POSTS AND QUALIFICATIONS DIRECTOR, LAND RECORDS HARYANA Cat. No. 1 1002 posts of Patwari Candidates (GEN=426, SC=162, BCA=128, BCB=68, ESM GEN=71, ESM SC=21, ESM BCB=29, OSP GEN=8, OSP SC=18, OSP BCA=11, Ortho=29) E.Q. ESM BCA=21, OSP BCB=10, PHC…

    • 7789 Words
    • 32 Pages
    Powerful Essays
  • Satisfactory Essays

    Quota system was introduced in the government service by an executive order in 1972, where 45% are reserved on merit, rest 55% is distributed as 30% for children of freedom fighters, 10% for women, 10% for districts and 5% for indigenous people. Recruitment into different Cadres of the Bangladesh Civil Service (BCS) is in accordance with the provisions of this rule. No direct appointment can be given in BCS Cadre Service without the recommendation of the Public Service Commission, and examinations are held (both written & viva-voce). The purpose of this quota system is to equally develop the country but whenever we compromise the selection at the highest level of government service through quota implies the negative impact on the improvement of governance.…

    • 432 Words
    • 2 Pages
    Satisfactory Essays