Supreme Court of India

A.C. Thalwal v. High Court of Himachal Pradesh and Ors.

Neutral citation
Reported as [2000] SUPP. 2 S.C.R. 428
Bench A.S. Anand J.
Decided 17 August 2000
Status Disapproved

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

For the foregoing reasons it is held that the Ex-Servicemen (Reservation of Vacancies in the Himachal Pradesh Judicial Service) Rules, 1981 are ultra vires the Constitution and hence void.

Judgment, page 11

From the headnote

c .Constitution of India-Article 234-Consultation with the High Courts­ Appellant claimed benefit of seniority and pay fixation on the basis of Reservation Rules notified against opinion of the Full Court-Benefit given as per order of the High Court-Writ petition filed against decision dismissed, thereafter SLP also dismissed-Further benefit also granted by High Court which was again challenged by two sets of writ petitions questioning validity of the Reservation Rules-Writ Petitions allowed-On appeal Held, consulta­ tion contemplated is not a mere formality, it has to be effective and

Where later benches applied it

Of those, 1 disapproved

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