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