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1998 (1) TMI 510 - SC - Indian Laws

Issues involved: Interpretation of notification u/s 16 of Andhra Pradesh Co-operative Societies Act regarding reservation in promotional posts.

Summary:
The Supreme Court addressed the issue of reservation in promotional posts under the Andhra Pradesh Co-operative Societies Act. The appellant, a society registered under the Act, had rules stating no reservation in promotions. Private respondents challenged the cancellation of their promotions based on reservation principles. The High Court held in favor of the respondents, interpreting a notification by the Governor to include reservation in promotional posts. The Division Bench affirmed this decision. The appellant appealed, arguing the notification did not cover promotional posts. The Court analyzed the notification and concluded it only applied to direct recruitment, not promotions. It emphasized the importance of not disregarding any part of a statute or notification. As a result, the Court set aside the High Court's decision, stating reservation policy did not extend to promotional posts. The appeal was allowed, and the writ petition by the private respondents was dismissed.

 

 

 

 

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