STATE OF KARNATAKA & ORS. versus K. GOVINDAPPA & ANR.

Citation: [2008] 16 S.C.R. 457 · Decided: 20-11-2008 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2008] 16 S.C.R. 457 
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STATE OF KARNATAKA & ORS. 
A 
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II. 
K. GOVINDAPPA & ANR. 
(Civil Appeal No. 6729 of 2008) 
NOVEMBER 20, 2008 
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[ALTAMAS KABIR AND MARKANDEY KAT JU, JJ.] 
Service law - Reservation, rule of- Applicability to single 
and isolated posts in respect of different disciplines - Held: c 
Each discipline which consists of single post exists as 
separate cadre for the said discipline - Rule of reservation 
does not apply in respect of single post - Plurality of posts 
is necessary for reservation - Jn absence thereof, if rule of 
reservation is applied, Article 16(1) would be offended - On 
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facts, incumbent appointed to the single post of Lecturer in 
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History in the college - Different disciplines taught in the 
college for which there were several lecturers - High Court 
rightly held the said post as single isolated post forming 
separate cadre in itself and not part of the cadre of Lecturers 
of different disciplines, thus, reservation policy not applicable 
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and appointment was just and legal. 
Respondent no. 1 was appointed as a lecturer in 
Hisfory in the aided private college owned and managed 
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by the respondent no. 2. The Government of Karnataka 
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did not approve the appointment of respondent no. 1 
since he was appointed in the post reserved for 
Scheduled Caste Candidate. Respondent no. 1. filed 
review petition before the Government on the ground that 
there was only a single post of lecturer in History in the G 
college and the reservation policy was not applicable to 
+ the said post. The review petition was rejected. Aggrieved, 
respondent no. 1 filed writ petition. Appellant-State 
contended that in the college there were six posts of 
lecturers, hence, the post of lecturer in History could not 
457. 
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458 
SUPREME COURT REPORTS 
[2008] 16 S.C.R. 
A be considered as a single post. The Single Judge of High 
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Court held that the post of Lecturer in History in the 
respondent No.2's college was a single isolated post 
forming a separate cadre in itself and not part of the 
cadre of Lecturers comprising all the different disciplines 
B taught in the college and the reservation policy was not 
applicable to the appointment made to the said post. It t '-
held the appointment of the respondent no. 1 as just and 
legal and directed the appellant to approve his 
appointment. The Division Bench of High Court upheld 
c the order of the Single Judge. ·Hence the present appeals. 
Dismissing the appeals, the Court 
HELD: 1.1. Isolated and separate posts can exist 
within a cadre and in case of such posts, if there was only 
D one post, the same could not be set apart for a reserved 
candidate. [Para 20] [467-C-D] 
1.2. While there can be no difference of opinion that 
t· ... 
the expressions "cadre", "post" and "service" cannot be 
equated with each other, at the same time the 
E submission that single and isolated posts in respect of 
different disciplines cannot exist as a separate cadre 
cannot be accepted. In order to apply the rule of 
reservation within a cadre, there has to be plurality of 
posts. Since there is no scope of inter-changeability of 
F posts in the different disciplines, each single. post in a 'f-• 
particular discipline has to be treated as a sing1e post for 
the purpose of reservation within the meaning of Article 
· 16(4) of the Constitution. In the absence of duality of 
posts, if the rule of reservation is to be applied, it will 
G offend the constitutional bar against 100% reservation as 
envisaged in Article 16(1) of the Constitution. [Para 19] 
[466-G-H; 467-A-B] 
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1.3. The instant case falls within the category of 
single isolated posts within a cadre in respect whereof 
H the rule of reservation is inapplicable and the said 
STATE OF KARNATAKA & ORS. v. K. GOVINDAPPA & 
459 
ANR. 
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principle has been correctly applied by the High Court in 
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the facts of this case. Each discipline which consisted of 
a single post will have to be dealt with as a separate cadre 
for the said discipline and in view of the settled law that 
there can be no reservation in respect of a single post, 
the appointment of the respondent No.1 cannot be faulted. 
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This is particularly so having regard to the fact that the 
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several disciplines are confined to one College alone. 
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[Para 21] [467-E-F] 
Arati Ray Choudhary vs. Union of India 1974 (1) SCC c 
87, distinguished. 
., 
Dr. Chakradhar Paswan vs. Siate of Bihar 1988 (2) SCC 
214 

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