Supreme Court of India

U.P. Power Corporation Ltd. v. Rajesh Kumar & Ors.

Neutral citation

Reported as [2012] 4 S.C.R. 118

Bench Dalveer Bhandari and Dipak Misra JJ.

Decided 27 April 2012

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.

6 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid, all other appeals are disposed of.

Judgment, page 56

From the headnote

Constitution of India, 1950: c Arts. 16(1), 16(4), 16(4A) and 16(48) - Reservation in promotion - Consequential/Accelerated seniority- Principles emerging from M. Nagraj - Culled out - Held: Articles 16(4A) and 16(48) are enabling provisions and the State can make the provisions for the same on certain basis or foundation - 0 In the instant case, the conditions precedent have not been satisfied - No exercise as per decision in M. Naqraj has been undertaken - Therefore, s.3(7) of the 1994 Act and r.8- of the Rules are ultra vires as they run counter to the dictum in M. Nagraj - Uttar Pradesh

Authorities it was built on

2006 M. Nagaraj and Ors. v. Union of India and Ors cited by 51
1995 Union of India and Ors. Etc. v. Virpal Singh Chauhan Etc. cited by 37
2008 Ashoka Kumar Thakur v. Union of India & Ors cited by 28
2004 E. V. Chinnaiah v. State of Andhra Pradesh and Ors. cited by 23
1996 Ajit Singh Januja and Others v. State of Punjab and Others cited by 17
1999 Ajit Singh and Ors. v. The State of Punjab and Ors. cited by 15
1986 Comptroller and Auditor General of India, Gian Prakash, New Delhi & Anr. v. K.S. Jagannathan & Anr. cited by 8
2009 Avinash Singh Bagri and Ors. v. Registrar Iit Delhi and Anr. cited by 1

Where later benches applied it

2019 B K Pavitra and Ors. v. The Union of India and Ors referred to
2018 Jarnail Singh & Others v. Lachhmi Narain Gupta & Others referred to
2017 The State of Tripura & Ors. v. Jayanta Chakraborty & Ors. referred to
2017 B. K. Pavitra & Ors. v. Union of India & Ors. referred to
2015 S. Panneer Selvam & Ors v. Government of Tamil Nadu & Ors. referred to
2013 H. P. Scheduled Tribes Employees Federation & Anr. v. Himachal Pradesh S. V. K. K. & Ors. mentioned

Of those, 5 referred to · 1 mentioned

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.