Category: Reservation

Only 50% Job Reservation is Permissible: SC said in CHEBROLU LEELA PRASAD RAO VS STATE OF A.P – 22/04/2020

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SUPREME COURT OF INDIA JUDGMENTS

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.

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SUPREME COURT OF INDIA JUDGMENTS

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. 

West Bengal State Higher Educational Institutions (Reservation in Admission) Act 2013

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the State of West Bengal

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.

OBCs in West Bengal [Central List]

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The Government and Security

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 […]

The West Bengal Scheduled Castes And Scheduled Tribes (Identification) Act, 1994

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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.

Who are the persons excluded from reservation as creamy layer.

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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.

What is the meaning of Scheduled Castes

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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
Territory.