Landmark judgements by Hon’ble Supreme Court

1. Indra Sawhney Vs UOI – WP (C) 930 of 1990 dated 16/11/92

Filed against Government orders on reservation for OBC. SC upheld
implementation of separate reservation for OBSs in Central
Government jobs. Hon’ble Court held the following:

 Public employment gives a certain status and power, besides

the means of livelihood.
 Reservation in promotion is constitutionally impermissible.
Once the advantaged and disadvantaged are made equal and
brought in one class or group, any further benefit extended for
promotion would be treating equals unequally
 Creamy layer amongst backward class of citizens must be
excluded by fixation of proper income , property or status
criteria
 50% cap on reservation

Government orders for reservation for OBCs. 77th Amendment in

1995 – Art. 16 (4A).

81st Amendment Act – Art. 16 (4B) – unfilled vacancies treated as

separate & distinct group – 50% cap would apply on vacancies arising
in the current year. The unfilled quota to be treated as distinct and
separate

2. UOI Vs Virpal Singh Chauhan etc. ( Railway Service Guards)

Reservation in promotion – seniority between general candidates and
reserved category candidates

85th Amendment in 2001 – providing for consequential seniority in Art.

16 (4A)

3. S.Vinod Kumar Vs UOI – Provision of lower qualifying marks or lesser

level of evaluation in promotion not permissible under Art. 16 (4) in
view of command contained in Art. 335 of Constitution. So 82 nd
Amendment Act, 2000 – proviso to Art.335.

4. M.Nagaraj case – upheld the amendments – State to show the

existence of compelling reasons, namely backwardness, inadequacy of
representation, overall administrative efficiency, etc
5. State of Maharashtra Vs. Milind and Ors. - Appointment of
candidates belonging to Halba Koshti /Halbi Koshti/Koshti caste
against vacancies reserved for the Scheduled Tribes — the persons
belonging to the 'Halba Koshti/ Koshti' caste who got appointment
against vacancies reserved for the Scheduled Tribes on the basis of
Scheduled Tribe certificates, issued to them by the competent
authority, under the Constitution (Scheduled Tribes) Order, 1950
(as amended from time to time ) relating to the State of Maharashtra
and whose appointments had become final on or before 28.11.2000,
shall not be affected. However, they shall not get any benefit of
reservation after 28.11.2000.

6. The Hon'ble Supreme Court in its judgment date 18.7.2013 in Civil

Appeal No. 4500/2002[Faculty Association of AIIMS Vs UOI & Ors]
impressed upon the Central and State Governments to take
appropriate steps in accordance with the views expressed in Indra
Sawhney's case wherein it was observed that 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 and in such situations, it cannot be advised
to provide for reservation.