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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) … per cent seats shall be reserved for the Other Backward Classes.14. 'Central Educational Institution' has been defined under Section 2(d) of the Act as follows:2(d) 'Central Educational Institution' means -(i) a university established or incorporated by or under

P.V.indiresan Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Central Educational Institutions (Reservation in Admission) Act, 2006; Constitution (Ninety-third Amendment) Act, 2005 - Section 2(g), 15(5) ; Constitution of India Article 16(4), 1(5), 21A.; Reservation Act

Kumar Thakur v. Union of India - (2008) 6 SCC 1. Background 3. The constitutional validity of the Constitution (Ninety-third Amendment) Act, 2005 as also the constitutional validity of CEI Act were considered and upheld by a Constitution Bench of this … concerned. 669. Act 5 of 2007 is constitutionally valid subject to the definition of Other Backward Classes in Section 2(g) of Act 5 of 2007 being clarified as follows: If the determination of Other Backward Classes by

Ashith Karthik Rao and Others Vs. The State of Karnataka and Others

Court : Karnataka

Subject : Education

applicable to aided minority schools is not correct. 47. In the result, we hold that the Constitution (Ninety-third Amendment) Act, 2005 inserting clause (5) of Article 15 of the Constitution and the Constitution (Eighty-Sixth Amendment) Act, 2002 inserting Article … submits that St.Mira's English School run by Public Education Society is declared as a minority educational institution under Section 2(g) of the National Commission for Minority Educational Institutions Act, 2004 ('2004 Act' for short) on 8.5.2013. He

Association of Private Dental and Medical Colleges and ors. Vs. the St ...

Court : Madhya Pradesh

Subject : Constitution

Reported in : 2009(3)MPHT418

in relation to admission in the light of Article 15(5) of the Constitution of India, inserted by the Constitution (Ninety-third Amendment) Act, 2005 and to provide for regulation of admission and determination of fees in private unaided professional institutions in the … 8 SCC 364 and PA. Inamdar and Ors. v. State of Maharashtra and Ors. (2005) 6 SCC 535. Section 2 of the Act, 2007 makes it clear that it only applies to private unaided educational institutions which impart

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 … 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

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 … Held: The provisions of the RTE Act have to be complied with by all schools as defined in Section 2(n) of the RTE Act except the schools established and administered by the minority - Whether religious or linguistic

Sindhudurg Zilla Shikshan Sanstha Chalak Mandal, Pandur (Registered), ...

Court : Mumbai

Subject : Education

Articles and 29 and 30, observed as under: â47. In the result, we hold that the Constitution (Ninety-third Amendment) Act, 2005 inserting Clause (5) of Article 15 of the Constitution and the Constitution (Eighty-Sixth Amendment) Act, 2002 inserting Article … common Judgment, as common facts and circumstances, issues and laws are involved. 2. The Petitioners are the âHead Mastersâ?, permanent schools âTeachersâ? including Assistant Head, … Act and Rules made thereunder, apart from related State Circulars so issued, bind all the concerned. The relevant Sections of the RTE Act are as under: âSection 8(g) ensure good quality elementary education conforming to the standards

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 … amongst the person belonging to that category. (3). If in the special admission drive referred to in sub section (2) suitable candidates belonging to the Scheduled Tribes are not available to fill the vacancy reserved for them, such

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 … 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 … preserve the dignity of the individual. He submitted that in the aforesaid case, the Constitution Bench held that Section 4 of the Constitution (Forty-second Amendment) Act is beyond the amending power of Parliament and is void since

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 … 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