Apex Court upholds Allahabad High Court order on department-wise reservation in faculty posts
A bench of apex court Justices U U Lalit and Indira Banerjee refused leave to appeal to Ministry of Human Resources Department to challenge the Allahabad High Court judgment delivered in the case Vivekanand Tiwari v Union of India on April 7, 2017
The Allahabad high court’s judgment said:-
” if a university is considered as the unit for every level of teaching and the roster applied, some departments/subjects may have just reserved candidates and other just unreserved candidates. This would be violative of Article 14 and 16 of the Constitution, the court said. It quashed Clauses 6 (c) and 8 (a) (v) of the UGC guidelines. The two clauses held that posts should be grouped together and implementation of the roster system.”
These clauses were quashed by the HC bench of Justices Vikram Nath and Daya Shankar Tripathi, holding that they were in “direct conflict and in violation of the law laid down by the Apex Court and different High Courts consistently from 1990 till date”.
The SC precedents Dr. Suresh Chandra Verma Vs. The Chancellor Nagpur University, State of U.P. Vs. Dr. Dina Nath Shukla, State of U.P. Vs. M. C. Chatopadhyay, State of Karnataka Vs. K. Govindappa, were mainly referred by the High Court.