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Supreme Court of India

Niravkumar Dilipbhai Makwana v. Gujarat Public Service Commission & Ors.

Neutral citation
Bench S. Abdul Nazeer and Indira Banerjee JJ.
Decided 4 July 2019

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.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the age relaxation granted to the candidates belonging to SC/ST and SEBC category in the instant case is an incident of reservation under Article 16(4) of the Constitution of India.

Judgment, page 14

From the headnote

Service Law: Selection – Of a candidate who availed age relaxation as a reserved category candidate – Whether has to be under reserved category or can be accommodated in or migrated to general category seat – Held: Art. 16(4) of the Constitution empowers the State to provide reservation in appointments – It is discretion of the State to formulate a policy as to manner and extent to which reservation is provided – Such policy has to be spelled out from the orders issued by the Government – In the present case such policy has been framed by the State by Circulars dated 21.01.2000 and 23.07.2004…

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 1 distinguished · 1 referred to · 2 mentioned

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