Supreme Court of India · 1964-12-10
B. N. TIWARI vs UNION OF INDIA & OTHERS
- Citation / case number
- SC 1964/90449
- Court
- Supreme Court of India
- Petitioner
- B. N. TIWARI
- Respondent
- UNION OF INDIA & OTHERS
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the 1952 'carry forward' rule for reservations in public services ceased to exist upon its substitution by the 1955 rule, which was later declared unconstitutional in Devadasan's case. Consequently, there was no valid 'carry forward' rule in 1960 when the petitioner appeared for the examination, and thus he could not claim appointment based on his rank. The Court clarified that the reservation percentages for Scheduled Castes and Scheduled Tribes remained intact and were to be applied, resulting in the petitioner not qualifying for the position due to insufficient unreserved vacancies.