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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 … Dhavan has emphasized the ―new provisions‖ contained in the Reservation Act 2018. These according to him, are: (i) Section 2 (d) which defines ‗backlog‘; (ii) Section 5 under which the appointing authority is to revise and redraw the

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

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 … 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

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 … child from accessing or exercising its right to education which is now provided for vide Article 21A. Thus, sub-Section (2) provides that no child shall be liable to pay any kind of fee or charges or expenses which

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,

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 … incorporated by the Constitution (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 … 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,

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 … accordance with law. In so far as discrepancies pointed out in Table 20 in the report submitted by the petitioners counsel is concerned, he submits

Prem Kumar Verma and Others Vs. State of Haryana and Others

Court : Punjab and Haryana

Subject : Land Acquisition

certiorari for quashing the instructions dated 16.3.2006 granting accelerated seniority to the scheduled caste employees based upon the Constitution (Eighty Fifth) Amendment Act 2001 amending Article 16(4-A) of the Constitution. The judgment passed by this Court is based upon the law laid … applications, i.e.CMs No.8713, 8774 and 8785 of 2013, have been filed under Order 1 Rule 10 read with Section 151 C.P.C.for permitting the applicants to be impleaded as respondents on the ground that vide order/judgment dated 7.8.2012, … C.M.No.2582 of 2014 and R.A.No.128 of 2014 in CWP No.17280 of 2011 1 IN THE

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

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 … below. However, O.A. 795/2007 is taken as the leading case for convenience. 2 The applicants, serving and retired Commercial Clerks in different grades of Palakkad … 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