Providing 100% reservation for Scheduled Tribes in scheduled areas offends the spirit of Articles 14 and 16 of the Constitution of India. The Governor is not conferred power to make any law in derogation to Part III or other provisions of the Constitution of India in the exercise of his power under Clause I, Para 5 of Schedule V. It was also held that G.O.Ms. No.3 is discriminatory as the same adversely affects not only the open category candidates but also other Scheduled Castes, Scheduled Tribes, and backward classes. It also opined that the reservation under Article 16(4) should not exceed 50%.
SC can`t direct Govt to provide reservation and States are not bound to make reservation for ST and SC in matters of promotions.
Mukesh Kumar & Anr. Versus The State of Uttarakhand & Ors. February 07, 2020-The Supreme Court by a non-reportable judgment in Civil Appeal No. 1226 of 2020 has held that states are not bound to provide reservation in appointments and there is no fundamental right to claim quota in promotions.”In view of the law laid down by this court, there is no doubt that the state government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions,” a bench of justices L Nageswara Rao and Hemant Gupta said. The Controversy in the above Appeals pertains to the reservations to Scheduled Castes and Scheduled Tribes in promotions in the posts of Assistant Engineer (Civil) in Public Works Department, Government of Uttarakhand.
An Act to provide for reservation of seats for admission of the students belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes domiciled in the State of West Bengal to certain Higher Educational Institutions in the State of West Bengal which are established, maintained or aided by the State Government, and for such matters connected therewith and incidental thereto.
Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last 70 years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats have not yet ceased to exist.
Muslim OBCs in West Bengal List updated November 2019 Entry number Caste/community Resolution no. and date 23 Jolah (Ansari Momin) 12011/96/94-BCC dt. 9 March 1996 and 12015/9/2000-BCC dt. 6 September 2001 29 […]
List of Vimukt Jatis (Denotified Tribes) and the category
LIST OF BACKWARD CLASSES IN HARYANA STATE
LIST OF SCHEDULED CASTES IN HARYANA STATE Ad Dharmi Aheria, Aheri, Hari, Heri, Thori, Turi Balmiki Bangali Barar, Burar, Berar Batwal, Barwala 6. Bauria, Bawaria Bazigar Bhanjra Chamar, Jatia Chamar, Rehgar, Ra […]
Anupal Singh and Others Vs. State of U.P through Principal Secretary, Personnel Department and Others-30/09/2019-The power under Article 142 of the Constitution of India cannot be exercised to supplant the statutory provision under the UP Reservation Act, 1994.
List of Backward Casses in West Bengal – Updated September 2019
Reservation for Economically Weaker Section for admission in Medical Education institutions UNDER Constitution (One Hundred and Third Amendment) Act, 2019
After carefully considering the matter, Ministry of Health & Family Welfare has accepted the proposal of the BoG-MCl and hereby directs the Counselling Authorities (States/UTs/AlQ) for filling up the MBBS seats under EWS quota […]
1 Baishya Kapali 12011/9/94BCC dt.19/10/1994 (size : 2.22MB) 2 Barujibi 12011/9/94BCC dt.19/10/1994 (size : 2.22MB) 3 Goala-Gope(Pallav Gope, Ballav Gope, Yadav Gope, Gope, Ahir and Yadav) 12011/68/98-BCC dt.27/10/1999 (size : 1.75MB) 12011/9/94BCC […]
Identification of members of Scheduled Tribes. – Any person belonging to any of the tribes or tribal communities or parts of or groups within tribes or tribal communities, specified in Part XII of the Schedule to the Constitution (Scheduled Tribes) Order, and resident in the locality specified in relation to him in that Part of such Schedule, may be identified, by a certificate, to be a member of the Scheduled Tribes.
n the case of Ashoka Kumar Thakur Vs. State of Bihar and others, , the exclusion of creamy layer from the Other Backward Citizens was again considered by the Apex Court in furtherance of its earlier decision in Indra Sawhney in which case there was agreement amongst eight out of nine Judges. It held that the occupants of the posts like IAS, IPS and Officers of All India Services rise quite high socially and such persons could no longer be socially disadvantaged. Their children get full opportunities to realize their potential and are in no way handicapped in the social life.
a person who is recognised as a member of
Scheduled Castes/Scheduled Tribes in his original
State, will be entitled to all the benefits of reservation
under the Constitution in that State only and not in
other States/Union Territories and not entitled to the
benefits of reservation in the migrated State/Union
KEYWORDS:- Article 142 OF CONSTITUTION- COMPLETE JUSTICE-principle of horizontal reservation- DATE:- DECEMBER 13, 2017- We also make it clear that this judgment is rendered in the peculiar facts of this case and it […]
KEYWORDS:- RESERVATION- AIR 1993 SC 477 : (1992) 2 Suppl. SCR 454 : (1992) 3 Suppl. SCC 212 : JT 1992 (6) SC 273 : (1992) Suppl. SCALE 1 (SUPREME COURT OF […]
KEYWORDS:- RESERVATION- DATE:- January 11, 2018 A MRC can opt for a seat earmarked for the reserved category, so as to not disadvantage him against less meritorious reserved category candidates. Such MRC shall […]
(C.O.19) In exercise of the powers conferred by clause (1) of article 341 of the Constitution of India, the President, after consultation with the Governors and Rajpramukhs of the States concerned, is pleased to make the following Order, namely:- This […]
GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 533-L.—25th March, 2013.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— […]