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indira Sawhney Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 14, 15(2), 16, 31-C, 309 and 335; Kerala State Backward Classes(Reservation of Appointments or Post in the Services Under the State) Act, 1995 - Sections 2, 3, 4, 5 and 6; U.P. Public Services Reservation for Schedules Castes and Scheduled Tribes and other Backward Classes Act, 1994 - Sections 3; Kerala State Commission for Backward Classes Act, 1993 - Sections 3; Kerala State and Subordinate Services Rules, 1958 - Rules 14 to 17

Reported in : AIR2000SC498; 2000(1)ALLMR(SC)99; JT1999(9)SC557; 1999(7)SCALE411; (2000)1SCC168; [1999]Supp5SCR229; 2000(3)SLJ101(SC); 2000(1)LC367(SC); (2000)1UPLBEC455

otherwise requires,-(a) Commission means the Kerala State Commission for Backward Classes constituted under Section 3 of the Kerala State Commission for Backward Classes Act, 1993 (11 of 1993).(b) Backward Classes means such Backward Classes of citizens (other than Scheduled castes and Scheduled … forward with the Kerala State Backward Classes (Reservation of Appointments or Posts in the Services under the State) Act, 1995 which, in Section 3 declared that 'having regard to known facts in existence in the State of Kerala, … one or other of the rival groups. The Act was passed on 2.9.95 but was given retrospective effect from 2.10.1992.2. As the State Government failed

Doddanarsimha Reddy Vs. the Secretary, Karnataka State Election Commis ...

Court : Karnataka

Subject : Constitution

Acts : Karnataka Panchayat Raj Act, 1993 - Sections 138(2); Karnatka Panchayat Raj (Reservation of Offices of Adhyaksha and Upadhyaksha of Taluk Panchayat) Rules, 1995 - Rules 3 and 4; Constitution of India - Articles 14 and 226

Reported in : ILR1999KAR2831; 2000(1)KarLJ487

of offices of Adhyaksha and Upadhyaksha in the State is required to be reserved for persons belonging to Backward Classes and out of the said reservation, 80 per cent of the total number of such offices shall be … falling under Category 'B' and vice versa; and therefore, he submits that it is permissible for the Election Commission to change the reservation made to Category 'A' to Category 'B'. He further submitted that in the impugned … to me sub-section (2) of Section 138 of the Karnataka Panchayat Raj Act, 1993 (hereinafter referred to as 'the Act'), which provides for reservation of … Panchayat Raj (Reservation of Offices of Adhyaksha and Upadhyaksha of TalukPanchayats) Rules, 1995 (hereinafter referred to as 'the Rules'), and particularly, he drew my attention

Balbir Kaur and anr. Vs. U.P. Secondary Education Services Selection B ...

Court : Supreme Court of India

Subject : Service

Acts : Uttar Pradesh Secondary Education Selection Board Act, 1982 - Sections 2(1), 10, 10(1), 11, 16, 18, 31A, 32, 33A, 33B, 33C, 35; Uttar Pradesh Intermediate Education Act, 1921; Uttar Pradesh Public Service (Reservation for Scheduled Caste, Scheduled Tribe and Other Backward Classes) Act, 1994; Uttar Pradesh Secondary Service Commission and Selection Board (Amendment) Act, 1992; Uttar Pradesh Secondary Education Selection Board (Amendment) Act, 1993 - Sections 1(2); Uttar Pradesh Secondary Education Selection Board (Amendment) Act, 1995 - Sections 18; Uttar Pradesh Secondary Education Services Selection Board Rules, 1998 - Rules 5, 10, 11(2), 12, 12(4), 12(5) and 15(5); Uttar Pradesh Secondary Education Services Commission Rules, 1983; Uttar Pradesh Intermediate Education Regulation, 1

Reported in : JT2008(8)SC381; (2008)7MLJ679(SC); 2008(8)SCALE538; 2008(3)SLJ171(SC); 2008AIRSCW6672; (2008)12SCC1

the provisions and in violation of the U.P. Public Service (Reservation for Scheduled Caste, Scheduled Tribe and Other Backward Classes) Act, 1994 (for short the 1994 Act).8. On the basis of rival stands of the parties, including the State, … 28th December, 1994, four Regional Selection Boards, which were established by the 1993 amendment, were abolished and one Commission for the entire State was provided for. In the year 1998, yet another amendment, effective from 20th April, 1998, … Section 33-B was introduced, regularizing some more ad-hoc appointments. In the year 1995, by way of an amendment in the Principal Act, enforced with effect … High Court of Judicature at Allahabad in Special Appeal No. 159 of 2001 and other connected appeals, partly disagreeing with and reversing the view of

Pichra Warg Kalyan Mahasabha Haryana Vs. The State Of Haryana

Court : Supreme Court of India

Subject : Education

in Haryana under the 2016 Act by considering the existing defined criteria of ‘creamy layer’ by the National Commission for Backward Classes or the criteria used by the State of Haryana prior to the 2016 Act.2. Reservation in backward classes … to the persons belonging to backward classes in the State of Haryana. Section 5 of the 2016 Act provides that no persons belonging to ‘creamy … the criteria laid down by the Government of India in the memorandum dated 08.09.1993 for the academic year 1995-96, with fresh criteria for subsequent years to be framed in accordance with law.14. In this case, we are

S. FakruddIn and Others Etc. Vs. the Govt. of A. P. and Others Etc.

Court : Andhra Pradesh

Subject : Constitution Election

Acts : Andhra Pradesh Panchayat Raj Act, 1994 - Sections 2, 2(2), (8), (11) and (12), 3, 7, 8, 9, 10, 11, 11(1), (2), (3) and (4), 12, 13, 13(2), 143, 143(1) and (2), 200, 200(1), 201, 202A, 232 and 278; Andhra Pradesh Panchayat Raj Rules, 1994 - Rules 2, 3 and 3A; Constitution of India - Articles 15, 32, 134, 136, 226, 227, 243, 243A, B, C, D, E, F, G, H, I, J, K, K (1) and (4), L, N and O, 329, 329-A, 327, 328 and 368; Andhra Pradesh Panchayat Raj (Reservation of seats of Ward Members and Offices of Sarpanches of Gram Panchayats) Rules, 1995 - Rule 8; The Constitution (Seventy-third Amendment) Act, 1992; Representation of the People Act, 1950; Representation of the People Act, 1951 - Sections 100; Andhra Pradesh Panchayat Raj (Conduct of Elections) Rules, 1994 - Rule 4 (2); Legi

Reported in : AIR1996AP37; 1995(2)ALT439

Matched in: Citation AIR1996AP37; 1995(2)ALT439

Channala Ramachandra Rao Vs. State of A.P. and Others

Court : Andhra Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 14, 15(4), 16, 16(4), 32, 38, 62(1), 81, 82, 143(1), 170, 226, 243, 243-D(1), T(1) and ZG, 327, 328, 329, 330 and 332; Andhra Pradesh Municipalities (Reservation of Offices of Chairpersons in Municipal Councils and Nagar Panchayats) Rules, 1995 - Rules 3 and 9; Andhra Pradesh Municipalities Act, 1965 - Sections 2, 5, 8, 23, 44, 90, 237 and 326(1); Andhra Pradesh Municipal Corporation Act, 1994 - Sections 14-A; Hyderabad Municipal Corporation Act, 1955 - Sections 90 and 585; Visakhapatnam Municipal Corporation Act, 1979; Vijayawada Municipal Corporation Act, 1981 - Sections 3; Andhra Pradesh Act, 1994; Chairpersons Rules - Rule 7; Corporation Wards Rules - Rules 4, 6, 7, 8 and 10; Andhra Pradesh Municipalities (Division of Nagar Panchay

Reported in : 2000(2)ALD652; 2000(2)ALT655

Gazette on 10-2-1995. The first respondent also denied the allegation that the office of the Chairperson was reserved for backward classes without any basis. For the purpose of reserving the offices of Chairpersons inall the Municipalities, the entire State … Rao Commission (MR Commission) which was constituted inter alia to review A.P. Backward Class Commission Report, 1970 (Anantharaman's Commission) for the purpose of Article 15(4) and Article 16(4) of the Constitution. Before the Full Bench comprising their Lordships, … for any reservation for the office of Mayor. To fill up this vacuum, A.P. Municipal Laws (Second Amendment) Act, 1995 (Act 25 of 1995) inserted Section 14-A in Corporations Act. The said provision reads as under :'14-A. General

Mukesh Ram Chandani and Others Etc. Vs. State of U.P. and Others Overruled

Court : Allahabad

Subject : Election Constitution

Acts : Constitution of India - Articles 14 to 15, 143ZD, 226, 243, 243A, 243-C, 243P to 243ZF, 243ZG, 324, 329 and 334; Uttar Pradesh Mahapalika Adhiniyam, 1994 - Sections 2(51-A), 2(53-A), 6, 6Z, 7, 7(1) and (3), 31, 32, 32(3), 33, 71, 95, 97, 540 and 579-A; Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959; Constitution of India (Amendment) Act, 1992; Uttar Pradesh Municipal Corporation Act, 1959; Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994; Uttar Pradesh Municipal Corporation (Reservation & Allotment of Seats) Rules, 1994 - Rules 4(1), 4(2), 5 and 5(1); Uttar Pradesh Municipal Corporation (Reservation & Allotment of Seats) Act, 1994 - Sections 7; Uttar Pradesh Municipal Corporation (Reservation and Allotment of Seats) (IInd Amendment) Rules, 1995

Reported in : AIR1996All219; (1995)3UPLBEC2006

Matched in: Citation AIR1996All219; (1995)3UPLBEC2006

Dharamveer Tholia and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Constitution

Reported in : 2000(3)WLC399; 2007(3)WLN569

subsequent of the enactment of the Uttar Pradesh Public Services (Reservation for Schedule Caste, Scheduled Tribes and Other Backward Classes) Act, 1994 (for short the 'Act'), an advertisement was issued by the University of Allahabad inviting applications form all … said range all those candidates who secure the same percentage of marks as may be fixed by the Commission for any lower range will be admitted to the Main Examination.Candidates who obtain such minimum qualifying marks in the … 14, 15, 16 and 21 of the Constitution of India.2. It is stated that this writ petition was filed in public interest so as to … judgments in S,B. Civil Writ Petition No. 2931/96. 1988(2) SLR 321 and 1995(2) SCT 65.19. Mr. Ved Prakash, learned Counsel appearing in Writ Petition No.3457/2000 … operate Rule 15 in a manner that disadvantaged sections, reserved category (OBC) is made to suffer handicaps

The State Of Punjab Vs. Davinder Singh

Court : Supreme Court of India

Subject : Right to Information

Articles 16(4) and 14 of the Constitution.30. In Indra Sawhney (II) vs. Union of India10, the Kerala State Backward Classes Act, 1995, which provided that there are no socially advanced sections in any backward classes of the State and that … in various States was struck down as no such reservation in their favour was recommended by the National Commission for Backward Classes and there was no quantifiable data for justifying reservation in their favour. Accordingly, Constitution (One Hundred and Second … in the High Court of Punjab and Haryana at Chandigarh for declaring Section 4(5) of the Punjab Scheduled Castes and Backward Classes (Reservation in Services) … have willingly divested themselves unless there was sufficient force to compel them.”28 28 What Gandhi and Congress have done to Untouchables, Chap. VII. 278295. I

Codava National Council Vs. The Chief Secretary

Court : Karnataka

Subject : Land Acquisition

with the same; in support of this submission he heavily banks upon the text of Sec.9(2) of Karnataka State Commission for Backward Classes Act, 1995; he also submits that the Government being a constitutional functionary, has to be given due credence for its … nature of a Commission or Tribunal, to which complaints of wrong inclusion or non-inclusion of groups, classes and sections in the lists of Other Backward Classes can be made. Such body must be empowered to examine complaints