SUPREME COURT: Education Law — Employment and Service Matters re Educational Institutions — Reservation of Seats/Quota/Exemption/Relaxation/Priority and Affirmative Action

Mandeep Kumar v. State (UT of Chandigarh), (2022) 5 SCC 800

Date of decision: 09.03.2022

Mandeep Kumar v. State (UT of Chandigarh), (2022) 5 SCC 800

Date of decision: 09.03.2022

Education Law — Employment and Service Matters re Educational Institutions — Reservation of Seats/Quota/Exemption/Relaxation/Priority and Affirmative Action —

Dereservation/Interchangeability of reserved seats: 

In this case, for recruitment to post of Elementary Trained Teachers (ETT), candidates belonging to OBC category claimed appointment against 595 posts of SC/ST category remaining unfilled on account of “non-availability” of eligible candidates in said category, on basis of Policy Letter No. 17246 dt. 17-3-1954. It was held that in terms of S. 7 of the 2006 Act, dereservation of any reserved vacancy which is to be filled by direct recruitment or promotion cannot be done by appointing authority but can possibly be directed only by Department of Welfare of Scheduled Castes and Backward Classes after recording satisfaction, and if necessary or expedient in public interest. 

 [Mandeep Kumar v. State (UT of Chandigarh), (2022) 5 SCC 800]

Read full Judgement below:-