Supreme Court of India

UNION OF INDIAversusFACULTY ASSOCIATION OF ALLMS

Citation: [2014] 14 S.C.R. 1651
Decided: 16 January 2014
Disposal: Disposed off
Bench: H L DATTUS S NIJJARRANJAN GOGOIM Y EQBALVIKRAMAJIT SEN

Holding

The decision on reservation for super‑specialty faculty posts rests with the Central Government.

Summary

The Supreme Court entertained review petitions filed by the Union of India challenging its earlier decision on reservation in faculty posts at AIIMS. The issue centered on whether Articles 15, 16 and 335 of the Constitution permit reservation in super‑specialty faculty positions. The Court clarified that the power to decide on reservation for such super‑specialty posts lies exclusively with the Central Government. Consequently, the review petitions were disposed of after granting permission to file and allowing oral hearing. The judgment reaffirmed the limited scope of judicial intervention in policy matters concerning reservation.

Issues considered

Whether Articles 15, 16 and 335 of the Constitution apply to reservation in super‑specialty faculty posts at AIIMS.
Whether the Supreme Court can overturn or modify the policy decision on reservation for such posts.

Legislation cited

Constitution of Indias. Art. 15, s. Art. 16, s. Art. 335

Subjects

reservationsuper‑specialty postsAIIMSConstitutional lawArticles 15, 16, 335Central Governmentreview petition

Judgment

                    [2014] 14 S.C.R. 1651


                       UNION OF INDIA                            A
                                 v.
             FACULTY ASSOCIATION OF AllMS .
                          (I.A. No. 1)
                                                                 B
                                 in
        (Review Petition (C) Nos. 1799-1800 of 2013)
                                 in
               (Civil Appeal No. 4500 of 2002)
                                                                 c
                     JANUARY 16, 2014
      . [H. L. DATTU, SURINDER SINGH NIJJAR,
  RANJAN GOGOi, M. Y. EQBAL, VIKRAMAJIT SEN, JJ.]
      Constitution of India :
                                                                 D
       Arts. 15, 16 and 335 - Reservation - Applicability of-
 In speciality and s4per-speciality faculty posts in All India
 Institute of Medical Sciences - Decision of Supreme Court
 dated 18. 7.2013, as reported in [2014] 14SCR1634, clarified.
       CIVILAPPELLATE JURISDICTION: I.A. No. 1 in Review         E
 Petition(C) Nos. 1799-1800 of 2013 in Civil Appeal Nos. 4500
 & 5119 of 2002.
                                WITH
      Review Petition (C) No. 1881of2013 in C.A. No. 4(i00       F
 of 2002 and I. A. No. 1 in Review Petition (C) No...... D.
 28718of2013 inC.A.No.5119of2002
        L. N. Rao, K. V. Vishwanathan, ASGs, V. Mohana, R.
 K. Verma, Ms. Sushma Suri, D. L. Chidanand, Advs. for the
·Appellant.                                                      G




                                                                 H
                                1651
1652          S.UPREME COURT REPORTS                 [2014) 14 S.C.R.


 A           The following Order of the Court was passed :
                                    ORDER
             1 . Permission to file Review Petition is granted.
             2. Application of oral hearing is allowed.
 B
           3. Heard Shri L.N. Rao, learned Additional Solicitor
       General.
             4. We clarify that it is for the Central Governmentto take
       a decision as to whether there should be a reservation for super
 c     specialty posts.
                          '
            5. With this clarification the Review Petitions are
       disposed of.

                        .
       Kalpana K. Tripathy                    Review Petitions disposed of.




                               END OF 2014
                                   ***1r***

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