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Reservations in India

By Gururoop Sabharwal

Published In

 ( September 2013 - Research 1 )

This particular case (FacuLty Association of AIIMS vs. Union of India & Others), the judgment delivered by Mr. Justice ALtamas Kabir, on his very Last day in office, may serve as a landmark judgment, in the country which is still struggling between pros and cons of reservation since the birth of its Constitution, and the nation celebrating its 66th Independence Day. The instant case dealt with reservation in a very specific stream i.e. in speciaLty and super-speciaLty facuLty posts in the ALL India Institute of MedicaL Sciences. The question however is not totally new, having earLier been gone into and considered in Indra Sawhney's case (re-ported in 1992 AIR SCW 3682), wherein whiLe considering the question of reserva¬tion the Nine-Judge Bench of Supreme Court aLso took into consideration the provisions of Article 335 of the Constitution regarding the claims of Scheduled Castes and Scheduled Tribes to services and posts. In the said judgment, in Paragraph 838, it wa ....

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