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Supreme Court of India 2022-03-09 dismissed

MANDEEP KUMAR AND OTHERS vs U.T. CHANDIGARH & OTHERS

Bench: 2 — Indira Banerjee, J.K. Maheshwari

In Brief

The Supreme Court dismissed an appeal challenging the High Court's dismissal of a writ petition seeking interchangeability of 595 vacant Scheduled Caste/Tribe (SC/ST) category Elementary Trained Teacher posts with Backward Class (OBC) candidates. The appellants argued that policy letter No. 17246 permitted such interchangeability when SC/ST candidates were unavailable. The Court held that while the policy existed, de-reservation under Section 7(2) of the 2006 Act requires express approval from the Department of Welfare of Scheduled Castes and Backward Classes—not the appointing authority. Since the Department refused such approval and over 6 years had elapsed since the original 2015-2016 merit list, granting the relief would be unjustified. The appeal was dismissed as the High Court had correctly disposed of the matter.

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Constitutional Law Reservation in Service Scheduled Castes/Backward Classes Administrative Law Public Interest Litigation

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