2013 (8) TMI 1152

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.... Mr. N.S. Pundir, Advocate for respondent Nos. 1 to 3. Mr. B.D. Pande, Advocate for respondent No. 4. JUDGMENT BARIN GHOSH, C. J. (Oral) On 6th October, 2006, a Government Order was issued, whereby and under, an authority was acquired to reserve certain percentage of the vacancies to be supplied by sports personnel only. After that Government Order was passed, an advertisement was p....

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....2006 Government Order, inasmuch as, by purporting to issue a clarification, a substantive alteration was made to the 2006 Government Order. 2. We think that the point of view of the learned Judge, who dealt with the writ petition and rendered the judgment under appeal, is not interferable. But the most important aspect was overlooked by the learned Judge, i.e. whether the Government, by a Gover....

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....ed in Sub-Articles (4), (4A) and (4B) of Article 16 of the Constitution of India, the State is bereft of any power to provide for any reservation for any person in any employment available with the State. Therefore, the Government Order dated 6th October, 2006, i.e. the foundation of the right of the respondents / writ petitioners, being non est, as the same is contrary to the expressed provisions....