G.R. Chavan and Others Vs. State of Maharashtra and Others
EmailAppeal: Civil Appeals Nos. 4465-67 of 1986
Petitioner: G.R. Chavan and Others
Respondent: State of Maharashtra and Others
Apeal: Civil Appeals Nos. 4465-67 of 1986
Judges: S. SAGHIR AHMAD & G.B. PATTANAIK , JJ.
Date of Judgment: Jun 01, 1998
Head Note:
CONSTITUTION
Arts 15(4) and 16 – Reservation- Govt. resolution dated 23.5.1974 -Challenge to -Reservation in favour of SC , ST etc. at promotional stages in all classes of service . Held that matter stands concluded in Indra Sawhny’s case ( 1992 Suppl. 3 SCC 217 ) . Appeals dismissed . In case quota is exceeded appropriate form may be approached . ( Para 2 )
Arts 15(4) and 16 – Reservation- Govt. resolution dated 23.5.1974 -Challenge to -Reservation in favour of SC , ST etc. at promotional stages in all classes of service . Held that matter stands concluded in Indra Sawhny’s case ( 1992 Suppl. 3 SCC 217 ) . Appeals dismissed . In case quota is exceeded appropriate form may be approached . ( Para 2 )
Cases Reffered:
1 . Indra Sawhney v. Union of India 1992 Supp (3) SCC 217 ( Para 3 )
JUDGEMENT:
O R D E R
1 . This appeal is directed against the judgment of the Full Bench of the Bombay High Court which had also granted leave to appeal to this Court under Article 134-A of the Constitution .
2 . The writ petition was filed in the Bombay High Court chal-lenging the Government Resolution dated 23-5-1974 , as amended from time to time , providing for reservation in favour of Sched-uled Castes , Scheduled Caste converts to Buddhism , Scheduled Tribes , Denotified Tribes and Notified Tribes at promotional stage to all Class I , Class II , Class III and Class IV posts in grades or services in which the element of direct recruitment did not exceed 50% . The writ petition was dismissed by a Full Bench of the High Court by its order dated 14-1-1986 and the Government Resolution was upheld .
3 . The question raised in these appeals is concluded by the decision of this Court in Indra Sawhney v. Union of India 1992 Supp (3) SCC 217 . The appeals are , therefore , dismissed with the observation that if in implementing the policy of reservation , the quota is exceeded , it would be open to the petitioner to approach the appropriate court .
1 . This appeal is directed against the judgment of the Full Bench of the Bombay High Court which had also granted leave to appeal to this Court under Article 134-A of the Constitution .
2 . The writ petition was filed in the Bombay High Court chal-lenging the Government Resolution dated 23-5-1974 , as amended from time to time , providing for reservation in favour of Sched-uled Castes , Scheduled Caste converts to Buddhism , Scheduled Tribes , Denotified Tribes and Notified Tribes at promotional stage to all Class I , Class II , Class III and Class IV posts in grades or services in which the element of direct recruitment did not exceed 50% . The writ petition was dismissed by a Full Bench of the High Court by its order dated 14-1-1986 and the Government Resolution was upheld .
3 . The question raised in these appeals is concluded by the decision of this Court in Indra Sawhney v. Union of India 1992 Supp (3) SCC 217 . The appeals are , therefore , dismissed with the observation that if in implementing the policy of reservation , the quota is exceeded , it would be open to the petitioner to approach the appropriate court .
