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january 2008

Supreme Court of India · 2008-01-10

SHIVA NATH PRASAD vs SARAN PAL JEET SINGH TULSI .

Citation / case number
SC 2003/14914
Court
Supreme Court of India
Petitioner
SHIVA NATH PRASAD
Respondent
SARAN PAL JEET SINGH TULSI .
Author
A.K. MATHUR
Bench
MARKANDEY KATJU A.K. MATHUR

Judgment text excerpt

The Supreme Court upheld the promotion of Scheduled Caste candidates to the post of Executive Engineer, affirming the validity of the gradation list that placed them above non-Scheduled Caste candidates based on their earlier promotions against reserved posts. The Court clarified that the principle of seniority must respect the provisions of reservation as per the General Administration Department circulars and the Madhya Pradesh Public Service Commission's merit list. The appeal against the Madhya Pradesh High Court's order was dismissed, reinforcing the legal principle that reservations in promotions do not constitute supersession of seniority rights of non-reserved category candidates.

SHIVA NATH PRASAD vs SARAN PAL JEET SINGH TULSI . · Niyam