Supreme Court Of India
(From : AIROnline 2023 P and H 1691)
Sudhanshu Dhulia,
K. Vinod Chandran
, JJ
Constitution of India , Art.309, Art.16— Punjab Civil Services (Reservation of Posts for Women) Rules (2020) , R.5— Appointment – Reservation for women – Challenge against – After advertisement was issued, Rules of 2020 came into force and new advertisement was issued – Though Chief Secretary stated that DSP post was erroneously reserved for ‘SC Sports (Woman)’ in advertisement and advertisement deserves to be withdrawn, this was never done – Said advertisement was never challenged – Rights of parties would have to be decided under said advertisement only – Roster on which respondent relied, came later – There was only one post of DSP against ‘SC Sports’, which was reserved for women as per 2020 Rules, wherein 33% reservation was mandated for women and as such respondent could not be appointed to said post – Appellant was only SC woman candidate who successfully cleared all tests – Once an eligibility criteria was declared by means of a fresh advertisement same could not be changed midway through recruitment process – Respondent participated in entire recruitment process without protest – Challenge to reservation of posts was not sustainable.
AIROnline 2023 P and H 1691-ReversedAIROnline 2024 SC 747-Followed
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