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Supreme Court of India 2016-08-26 dismissed

Vivek Singh vs State of U.P. & Anr

Bench: 2 — S.A. Bobde

In Brief

A candidate with disabilities was selected for government service in 2001 but appointed as Trade Tax Officer instead of his first choice, Deputy Collector. He later sought appointment to the Deputy Collector post, claiming it should have been reserved for persons with disabilities. While the High Court accepted his legal entitlement to reservation but refused relief citing seniority disruption over the 10+ year gap. The Supreme Court upheld this decision, holding that although disability reservation is mandatory by law and the State properly calculated and filled backlog posts, retroactive appointment would disrupt seniority of candidates appointed and potentially promoted in intervening years, making practical relief impossible.

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