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Service & Administrative LawSupreme Court of India

Vivek Singh v. State of U.P. & Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 10381 of 2014)Decided 26 Aug 2016
Civil Appeal No. 10381 of 2014
Justice S.A. Bobde · Justice Ashok Bhushan

Background

The appellant, a physically handicapped candidate, applied in 2001 for selection to posts including Deputy Collector through the U.P. Public Service Commission's Combined State/Upper Subordinate Service Examination, listing Deputy Collector as his first preference. He was selected overall but recommended for appointment as a Trade Tax Officer (his second preference) under the handicapped quota rather than as Deputy Collector, and he joined as Trade Tax Officer in 2004 while separately pursuing a writ petition claiming he should instead have been appointed Deputy Collector. A later interim order of the Allahabad High Court (in an unrelated 2010 case) led the State to carry out a roster-based backlog exercise identifying which years' Deputy Collector vacancies should have been reserved for physically handicapped candidates, and the appellant argued that the 2001-2002 vacancy identified in that exercise should go to him.

Decision Breakdown

The Supreme Court held that the State had properly carried out its roster/backlog calculation for physically handicapped reservation starting from 1997-98 (the year after the relevant disability law came into force) and had identified and filled the correct number of backlog vacancies in accordance with that roster: the appellant's suggestion that the calculation should instead start from 1995 was rejected. The Court agreed with the High Court that forcing the appellant into the 2001-2002 vacancy more than a decade later would unfairly disturb the seniority of everyone appointed as Deputy Collector in the intervening years. Since the reservation requirement itself had been duly honoured by the State's exercise, even though the appellant personally was not the one appointed under it, the Court found no merit in the appeal and dismissed it.

Lesson Learnt

Correctly implementing a reservation policy as a general, system-wide roster obligation (filling the right proportion of posts over time) can satisfy the law even if a specific individual who feels entitled to a particular post does not personally benefit, especially where granting that individual relief years later would unfairly disrupt the seniority of many others appointed in between.

Vivek Singh v. State of U.P. & Anr. – Legal Case Shots | LegalAware