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Supreme Court of India 2020-07-29 allowed

DR. ASWATHY R.S. KARTHIKA & ORS vs DR. ARCHANA M. & ORS

Bench: 3 — L. Nageswara Rao, Hemant Gupta, S. Ravindra Bhat

In Brief

The Supreme Court upheld the appointment of four Hindu Nadar community candidates as Medical Officers. The appellants had been ranked in a 2015 merit list but not appointed initially. After a 1% reservation for Hindu Nadars was introduced in 2009, vacancies arising from that date should have been filled from the 2015 list. The Court held that shortfall in the reserved quota must be compensated from the succeeding rank list where candidates are available. The High Court's decision that vacancies should be separately notified under Rule 15(a) was incorrect, as that rule applies only when no candidates are available. The Court distinguished delay-based arguments, finding the cause of action arose only when appointments were made from the 2015 rank list, and dismissed the private respondents' appeal.

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