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SC: No reservation without qualification
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July 28, 2006 19:48 IST

The Supreme Court has held that benefit of reservations can not be extended to those not fufilling minimum qualifications for the post as laid down by the Constitution of India.

The ruling handed down by a bench comprising Justices S B Sinha and P P Naolekar on Thursday said that even a chief minister or principal secretary, labour did not have any authority to make any relaxation in the minimum eligibility conditions.

While setting aside the Allahabad high court judgment dated May 22, 2000 dismissing the writ petition filed by the appellant R S Garg challenging the promotion granted to respondent Bharti to the post of deputy director of factories (administration) from reserved category of SC/STs, the apex court imposed a total cost of Rs. 50,000 on the respondents which include state of Uttar Pradesh and others to be paid to the appellant as cost of litigation throughout.

Both the appellant and respondent were appointed as assistant directors of factories on January 3, 1972 and January 17, 1987 respectively. The appellant who was appointed through the Public Service Commission was confirmed on May 13, 1978 while Bharti was regularised without going through the selection process as per 1992 rules.

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