Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Monday, 21 September 2026 9888666310 | [email protected]
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Supreme Court of India 2016-08-12 allowed

Y. Najithamol & Ors vs Soumya S.D. & Ors

Bench: 2 — V. Gopala Gowda

In Brief

The Supreme Court held that appointment of Gramin Dak Sevaks (GDS) to the post of Postman is by direct recruitment, not promotion. The appellants, belonging to the OBC category, had challenged their appointment after being selected through a departmental examination under Column 11(2)(ii) of the Recruitment Rules, 1989. The Tribunal and High Court had rejected their appointments, treating the process as promotion (where OBC reservation does not apply). The Court reversed this, reasoning that GDS are Extra Departmental Agents outside the regular civil service, and therefore cannot be promoted within it. As the appointment is direct recruitment, OBC reservation applies, making the appellants' appointments valid.

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Constitutional Law Service Law Recruitment and Promotion Reservation Civil Procedure

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