Caste-based reservations, India (legal position)
This is a collection of articles archived for the excellence of their content. Readers will be able to edit existing articles and post new articles directly |
Contents |
Reservation not advisable in certain technical posts
Super-specialty [medical] posts
‘Only merit, no quota in super-specialty posts’
Dhananjay Mahapatra TNN
The Times of India 2013/07/19
The Supreme Court on Thursday blocked caste-based reservations in appointments to faculty posts in AIIMS (All India Institute of Medical Science), saying merit alone should count at the super-specialty level. “There were certain services and posts where either on account of the nature of duties...or the level in the hierarchy... merit alone counts,” a constitution bench said, quoting from the judgment in the Indira Sawhney case that upheld 27% quota for OBCs in central services
AIIMS faculty posts
SC rules out reservation in AIIMS faculty posts
The apex court blocked castebased reservations in appointments to faculty posts in AIIMS saying constitution benches of the court had warned against reservation at super-specialty level.
“There were certain services and posts where either on account of the nature of duties attached to them or the level in the hierarchy at which they stood, merit alone counts. In such, situations, it cannot be advised to provide for reservations,” a five-judge constitution bench of Chief Justice Altamas Kabir and Justices S S Nijjar, Ranajan Gogoi, M Y Eqbal and Vikramjit Sen said quoting from the judgment by a nine-judge bench delivered in Indira Sawhney case.
The court quoted from Indira Sawhney verdict: “... in respect of certain posts, application of rule of reservation may not be advisable in regard to various technical posts including posts in super specialty in medicine, engineering and other scientific and technical posts.”
