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M. Nagaraj and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 14, 15, 15(4), 16, 16(1) to 16(4), 16(4A), 16(4B), 19, 32, 39, 46, 245, 246, 301, 309, 311, 315, 316, 317, 318 to 323, 323A 335, 356 and 368; ;Constitution (Eighty-Fifth Amendment] Act, 2001 - Article 16(4A); Constitution (Seventy- Seventh Amendment) Act, 1995; ;Kerala State and Subordinate Services Rules, 1950; Constitution (Seventy-Seventh Amendment) Act, 1995; Constitution (Eighty-Second Amendment) Act, 2000; Constitution (Eighty-Fifth Amendment) Act, 2001; Service Rules

Reported in : AIR2007SC71; 2006(4)AWC4054(SC); [2007(1)JCR147(SC)]; JT2006(9)SC191; 2006(6)KarLJ529; 2006(10)SCALE301; (2006)8SCC212

have invoked Article 32 of the Constitution for a writ in the nature of certiorari to quash the Constitution (Eighty-Fifth Amendment] Act, 2001 inserting Article 16 of the Constitution retrospectively from 17.6.1995 providing reservation in promotion with consequential seniority as being … of certiorari to quash the Constitution (Eighty-Fifth Amendment] Act, 2001 inserting Article 16 of the Constitution retrospectively from 17.6.1995 providing reservation in promotion with consequential … guarantees the fundamental right to equality before the law on all persons. Great social injustice resulted from treating sections of the Hindu community as 'untouchable' and, therefore, Article 17 abolished untouchability and Article 25 permitted the State

The State Of Punjab Vs. Davinder Singh

Court : Supreme Court of India

Subject : Right to Information

secure the best possible incumbents for the higher position”.81 Subsequently, Parliament amended Article 16(4-A) by the Constitution (Eighty-fifth Amendment) Act 2001 to overcome a series of judgments of this Court where the rule of consequential seniority in reservation was … reservation in services for the members of the Scheduled Castes and Backward Classes and for matters incidental thereto. Section 2(f) defines “Scheduled Castes” as Scheduled Castes notified by the President under Article 341 of the Constitution by … of 2011 With S.L.P.(C) Nos.36500-36501 of 2011 With T.C.(C) No.38 of 2011 1 With T.P.(C) No.464 of 2015 With W.P.(C) No.1477 of 2019 With C.A.

b.k. Pavitra Vs. Union of India

Court : Supreme Court of India

Subject : Land Acquisition

1995 need not be reverted. 36 (2001) 2 SCC66637 Ibid at page 672 17 19 The Constitution (Eighty-fifth Amendment) Act 2001 was enacted with effect from 17 June 1995. Article 16 (4A), as amended, reads thus: PART B ―Nothing … decree or order to direct the review of any such cases contrary to the provisions of this Act.‖ Section 1 (2) provides that the Reservation Act 2018 came into force with effect from 17 June 1995 (the effective

Janhit Abhiyan Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

16(4-B); the Constitution (Eighty-second Amendment) Act, 2000 which inserted a proviso to Article 335; and the Constitution (Eighty-fifth Amendment) Act, 2001 which added “consequential seniority” for SC/STs under Article 16(4-B). The said amendments were introduced essentially to nullify the … 1 REPORTABLE IN THE SUPREME COURT OF INDIA ORIGINAL/CIVIL APPELLATE JURISDICTION WRIT PETITION … been empowered, inter alia, to provide for a maximum of ten per cent. reservation for “the economically weaker sections”2 of citizens other than “the Scheduled Castes”3, “the Scheduled Tribes”4 and the non-creamy layer of “the Other Backward

U.P.Power Corp.Ltd. Vs. Rajesh Kumar and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution Of India (Seventy-seventh Amendment) Act,1995 - Articles 16(4A) and 16(4B), 335; Constitution Of India (Eight-first Amendment) Act, 2000 - Articles 16(4A) and 16(4B), 335; Uttar Pradesh Public Servants (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 - Section 3(7); U.P. Government Servants Seniority Rules, 1991 - Rules 8-A,

(Seventy-seventh Amendment) Act,1995, the Constitution (Eight-first Amendment) Act, 2000, the Constitution(Eighty-second Amendment) Act, 2000 and the Constitution (Eighty-fifth Amendment) Act, 2001 at various stages having withstood judicial scrutiny by the dictum in M. Nagaraj v. Union of India[1], the … the case of Mukund Kumar Srivastava (supra) at Allahabad is perincuriam and not a binding precedent and further Section 3(7) of the Uttar Pradesh Public Servants (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act,

Society for Un Aided Private Schools of Rajasthan. Vs. U.O.i. and Anot ...

Court : Supreme Court of India

Subject : Education

Reported in : 2012(3)MLJ993; 2012(3)KantLJ177; 2012(6)SCC1; 2012(2)KCCR50SN; 2012(4)SCJ318; [2012] 2 SCR 715; (2012) 6 SCC 102

the Constitution which refer to Articles 14, 19, 21 etc.61. Article 31C was inserted by the Constitution (Twenty- fifth Amendment) Act, 1971 which gave primacy to Article 39(b) and (c) over fundamental rights contained under Article 14 and 19. … appreciation in promotion, inserted the words "with consequential seniority" in Clause (4A) to Article 16 by Constitution (Eighty-fifth Amendment) Act, 2001 (which was made effective from 17.6.1995). In the light of Article 16(4A), the claims of Scheduled Castes and … effect to Article 21A of the Constitution. Scope of the 2009 Act7. Section 3(1) of the 2009 Act provides that every child of the age

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

Subject : MRTP

granted his assent to the same on 31.12.2014, whereupon it came to be enacted as the Constitution (99th Amendment) Act. Section 1(2) thereof provides, that the provisions of the amendment, would come into force from such date as … the Constitution (Eighty-second Amendment) Act, 2000 and the Constitution (Eighty-fifth Amendment) Act, 2001.125. We have not examined the validity of individual enactments of appropriate States … judiciary would emanate from, and would be made on the advice of the Chief Justice of India. (v) Fifthly, having adverted to the procedure in place for the selection and appointment of Judges to the higher judiciary,

K.R. Khaleel Ahmed and Others Vs. The State of Karnataka, rep. by its ...

Court : Karnataka

Subject : Education

(Seventy-Seventh Amendment) Act, 1995; The Constitution (Eighty-First Amendment) Act, 2000; The Constitution (Eighty-Second Amendment) Act, 2000 and the Constitution (Eighty-Fifth Amendment) Act, 2001. All those amendments were challenged before the Apex Court in the case of M.NAGARAJ Vs. UNION OF INDIA … well as the KPSC. This is in conformity with Art.16(4) of the Constitution and also in conformity with Section 4(1) of the Karnataka SC/ST and Other Backward Classes (Reservation on appointments, etc) Act, 1990. 102. The learned

K. Rajagopalan and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Madras

Subject : Land Acquisition

Reported in : (2008)(1)SLJ116CAT

have to be applied in case of increase in posts on restructuring. Consequent upon passing the Constitution (85th Amendment) Act, 2001 the seniority of SC/ST employees promoted after 10.2.1995 has been protected and the ratio decided in Ajit Singh … 1. The applicants in O.As. 1130, 1131J 174, 1190 and 1206/2004 and 28,35,86,277-279 and 490/2005 are working as Ticket

A.D Alexander and Others Vs. Union of India Represented by the Secreta ...

Court : Central Administrative Tribunal CAT Ernakulam

Subject : MRTP

seniority was given in addition to accelerated promotion to the roster point promotees. Suffice to state that the Constitution (Eighty Fifth Amendment) Act, 2001 was an extension of clause (4-A) of Article 16. Therefore, the Constitution (Seventy seventh Amendment) Act, 1995 has … HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER 1. As facts in these Applications are identical and the legal issues raised … forth concisely under the distinct heads and grounds for such application as per rule 8 of the Rules. Sec. 20 of the Act prohibits entertaining of an application unless the applicant had availed all the remedies available