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Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India (Ninety-Third Amendment) Act, 2005 - Article 15(5); ;Central Educational Institutions (Reservation in Admission) Act, 2006 - Sections 2, 2(24), 3, 4, 5, 6, 9, 9(1), 10, 12, 13 and 55; ;Societies Registration Act, 1960; ;Civil Rights Act, 1964; ; Constitution of India (86th Amendment) Act; Constitution of India (42nd Amendment) Act; ;Madras Provincial and Subordinate Services Rule, 1942; Kerala State and Subordinate Services Rules - Rules 5 and 13AA; ;Constitution of India - Articles 3(4), 12 to 35, 38, 38(1), 38(2), 39, 41, 45, 46, 47, 51A, 51A(3), 109, 117, 136, 143(1), 162, 226, 227, 292, 323A2D, 323B3D, 325, 330, 332, 334, 337, 329A(4), 334, 335, 337, 340, 341, 341(1), 342, 358, 359, 366(24), 366(25), 368, 368(2) and 371D(5); Reciprocal Insurance A

Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534; [2008] 4 SCR 1

We are conscious of the fact that any reservation or preference shall not lead to reverse discrimination. The Constitution (Ninety- Third) Amendment Act, 2005 and the enactment of Act 5 of 2007 giving reservation to Other Backward Classes (OBCs), Scheduled Castes (SCs) … has also been enshrined in various international instruments, such as the 1948 Universal Declaration of Human Rights. Its Preamble speaks of 'the equal and inalienable rights of all members of the human family', and of 'the equal … abject poverty.4. Judge Lauterpacht of the International Court of Justice, writing in 1945, described the importance of the principle of equality in the following words:The

Janhit Abhiyan Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.3. Vide the Constitution (Ninety-third Amendment) Act, 2005, clause (5) was inserted in article 15 of the Constitution which enables the State to make special provision … up the submissions in rejoinder. 7.1. The learned counsel has, while extensively relying on the Constituent Assembly Debates, Preamble, and Article 38 of the Constitution which enjoins the State to secure and protect “a social order in

Pramati Educational and Cultural Trustandors Vs. Union of India and or ...

Court : Supreme Court of India

Subject : Education

decide on the validity of clause (5) of Article 15 of the Constitution inserted by the Constitution (Ninety-third Amendment) Act, 2005 with effect from 20.01.2006 and on the validity of Article 21A of the Constitution inserted by the Constitution … called upon to decide on the validity of clause (5) of Article 15 of the Constitution inserted by the Constitution (Ninety-third Amendment) Act, 2005 with … triangle which affords to the people of this country an assurance that the promise held forth by the Preamble will be performed by ushering an egalitarian era through the discipline of fundamental rights, that is, without emasculation

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

that in that regard there shall be no difference between the minority and non-minority institutions. However, by the Constitution (Ninety-third Amendment) Act, 2005, Article 15 is amended. It is given Article 15(5). The result is that P.A. Inamdar has been overruled … of quality education by providing required infrastructure and compliance of specified norms and standards in the schools. The Preamble states that the 2009 Act stands enacted inter alia to provide for free and compulsory education to all … been spelt out in R. v. Burah [reported in (1878) 5 I.A. 178] which reads as under:"The established Courts of Justice, when a question arises

Modern Dental College and Res.Cen. and Ors. Vs. State of Madhya Prades ...

Court : Supreme Court of India

Subject : Education

the several relevant considerations. Likewise, after the insertion of clause (5) to Article 15 by the Constitution (Ninety-Third Amendment) Act, 2005, another enabling provision was introduced empowering the State to make any special provision by law for advancement of … the manner in which the High Court has dealt with the issues at hand. The Act, 2007: The Preamble of the Act mentions that it is to provide for regulation of admission and fixation of fee in … all these appeals, validity and correctness of the common judgment dated May 15, 2009 passed by the High Court of Madhya Pradesh, Principal Bench at

Sudha Tiwari Vs. Union of India and Other

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Clause-5 in Article 15 in Part 3, Article 141, 19 (1) (g), 14, 15 (5), 16 (4A) (4B), 17, 21, 30 (1), 46 and Part XVI; Amendment Act, 2005; Constitution (Ninety-Third Amendment) Act 2005; UP Admission to Educational Institutions (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 2006 - Section 4

of creamy layer from O.B.C. Four honourable judges on the Bench did not express any opinion whether the Constitution (Ninety-third Amendment) Act, 2005 was valid so far as private un-aided educational institutions are concerned and have left the question open. Hon'ble … will be appropriate to refer to the short but whole some written argument as follows:- "1. That the Preamble of our Constitution casts a statutory obligation on the State to constitute a sovereign, socialist, secular, democratic republic

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

Subject : Land Acquisition

the above writ petitions, Articles 15 and 16 of the Constitution have been amended vide the Constitution (Ninety-third Amendment) Act, 2005, and the Constitution (Eighty- first Amendment) Act, 2000, respectively, which Amendment Acts have been the subject-matter of subsequent … of enactment of Act, 2018. We may also notice certain relevant provisions of Act LXII of 2018. The Preamble of the Act reads: “An Act to provide for reservation of seats for admission in educational institutions in … 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

Subject : Right to Information

affirmative action in education is also instructive.274) In Ashoka Thakur v. Union of India92, the Court upheld the Ninety- Third Amendment to the Constitution, which allows for certain educational institutions to put in place special admissions rules in order … of India, but “We the people”. The goals set out in the Preamble of the Constitution do not Writ Petition (Civil) No.494 of 2012 & … other kinds of pensions to deserving persons, scholarships, employment to unemployed under Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) Scheme. There is an emergence of socio- economic rights, not only in India but in many other … in connection with any pending dispute.”199) It is also submitted that Section 10 which authorises the Authority to engage one or more entities, which may

Anjuman Ishaat-E-Taleem Trust versus the State of Maharashtra and Othe ...

Court : Supreme Court of India

Subject : Education

Reported in : [2025]9S.C.R.410

Right of Children to Free and Compulsory Education (Amendment) Act, 2017; The Constitution (Eighty-sixth Amendment) Act, 2002; The Constitution (Ninety-third Amendment) Act, 2005; Right of Children to Free and Compulsory Education Rules, 2010; The Special Rules for the Tamil Nadu School … observed that the amendment was brought forth to fructify the object of equality of opportunity provided in the Preamble to the Constitution. The court relied on the judgment of State of Kerala v. N.M. Thomas27 which held … [2025] 9 S.C.R. 410 : 2025 INSC 1063 Anjuman Ishaat-E-Taleem Trust v. The State of Maharashtra and Others (Civil Appeal

Akanksha Pandey. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

Subject : Constitution

Acts : The Constitution Of India 1949 - Articles 15, 12, 8 ;

of the Act provides that Article 15(5) of the Constitution of India as inserted by the Constitution (Ninety-third) Amendment Act, 2005 provides for making any special provision by law by the State Government for advancement of any socially and … Tribes and Other Backward Classes in the seats in private unaided professional educational institutions. In view of aforesaid preamble and statement of objects, Adhiniyam 2007 was enacted to provide reservation of seat to persons belonging to Scheduled … 1. Shri D.K.Tripathi, counsel for petitioner. Shri Harish Agnihotri, G.A., for respondent nos.1