Court : Karnataka
Reported in : ILR2008KAR4716
..... of ultra vires, as the same is opposed to the instructions and guidelines contained in chapter 13 of the brochure (7th edition) on the reservation for scheduled castes & scheduled tribes in services issued by the ministry of home affairs, union of india which has got a statutory force under article 73 of the constitution of india ..... dated 23.3.1987 vide annexure a-4 at para 5 to the said order to the extent that in case of doubt of the genuineness of scheduled caste and scheduled tribes certificates, the authority concerned may refer the case to the deputy inspector general of police (now additional director general of police), civil rights enforcement ..... a5 and a-6 respectively]. it is in this context, the petitioner has also incidentally sought for the following prayers:a) quash the impugned karnataka state scheduled castes and scheduled tribes reservation/appointment act 7/1991 vide annexure a-1 by issue of appropriate writ order or direction in the nature of writ of certiorari on the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR542(Jhr)]
..... enactment of municipal act and also to rationalize and/or fix the upper limit of reservation to the extent of 50 per cent for ward commissioners of scheduled caste, scheduled tribe and backward classes. the said amendment act which increases the penalty and/or prescribes the limit of reservation is in no manner can be said ..... one year from the commencement. this period has already lapsed. therefore, declaration is sought to the effect that the state act introducing the provisions extending to the scheduled area is not valid.3. in reply to the above said contention, mr. sumeet gadodia, representing the state would urge the following submissions:(i) for ..... to the present case also. the state government, by virtue of the jharkhand municipal act and ranchi municipal corporation (amendment) act 2006 cannot extend to the scheduled areas which is prohibited under article 243zc.(x) further article 243zf allows the continuance of the existing laws relating to municipality only till the existing act is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC136; [2002(1)JCR1(SC)]; JT2001(9)SC510; 2001(8)SCALE167; (2002)1SCC90
Syed Shah Mohammed Quadri, J.1. This appeal, by special leave, is from the judgment and order of the High Court of Judicature at Patna in Second Appeal No. 304 of 1990 passed on September 09, 1997.2. The parties are referred to as they are arrayed in the trial court. The respondents-plaintiffs filed Title Suit No. 167 of 1982 (12 of 1985) for eviction of the appellant-defendant from holding No. 1600 (new) (old holding No. 95) in Ward No. 1 having an area of 7-1/2 dhurs, Muhalla Waya Bazar, P.S. Siwan town P.S. No. 231, Siwan, Bihar (for short, 'the suit premises') on the three grounds -- (1) default of the defendant in payment of rent from August 14, 1981 under Clause (d) of Sub-section (1) of Section 11; (2) reasonable personal requirement in good faith for the sons of the plaintiffs under Clause (c) of Sub-section (1) of Section 11, and (3) damage to the suit premises under Clause (b) of Sub-section (1) of Section 11 of The Bihar Building (Lease, Rent & Eviction) Control Act, 1982 (f...
Tag this Judgment!Court : Mumbai
Reported in : AIR1989Bom29; 1988(2)BomCR627; 1988MhLJ504
..... and for matters connected therewith. the statement of objects reasons of the said act is as under:' under the scheduled castes and scheduled tribes orders some comminutes have been specified as scheduled castes or as scheduled tribes only in certain areas of the state concerned and not in respect of the whole state. this has ..... and certain state legislative assemblies.provisions have therefore been made in the bill to empower the census authority to estimate the population of the scheduled castes and scheduled tribes and the elections commission to re-allocate the reserved constituencies'.a perusal of the speech of the honorable minister for home affairs, who ..... above objection would show that it is intended to provide for the inclusion in, and the exclusion from, the lists of the scheduled castes and the scheduled tribes, of certain castes and tribes, for the readjustment of representation of parliamentary and assembly constituencies is no far as such readjustment is necessitated by such .....
Tag this Judgment!Court : Mumbai
Reported in : (2002)4BOMLR221; 2002(3)MhLj368
..... presidential order specifying the scheduled caste/scheduled tribe in relation to the concerned state;(iii) that the person belong to that state and to the area within that state in respect of which the community ..... india, ministry of home affairs, letter no. 35/172-ru(sct/v) dated 2-5-1975, it has been mentioned where a person claims to belong to scheduled caste/scheduled tribe by birth, it should be verified.(i) that the person and his parents actually belong to the community claimed;(ii) that this community is included in the ..... eloquent. the supreme court has pointed out in nagpure's case that the burden heavily lies on the candidate to prove that he belong to a particular scheduled caste or scheduled tribe. in this case the petitioner utterly failed to prove it. the scrutiny committee performed its duty in accordance with the provisions of law of judgment of .....
Tag this Judgment!Court : Mumbai
Reported in : 1982(1)BomCR408
..... to the benefit of a reserved seat in a medical college in maharashtra on the ground that he is thakur by caste which is recognised as a scheduled tribe under entry no. 44 of scheduled ii, part ix in the scheduled castes and scheduled tribes orders (amendment) act, 1976 (referred to hereafter as ' the amendment act)'.2. the 1st petitioner is the ..... . 2282 of 1980)1 where a student, one sunita claimed entitlement to a reserved seat on the ground of her being a member of the scheduled tribe belonging to the thakur caste of the thakur community. the ratio laid down by the earlier division bench was that the student must make out a prima facie case that he ..... applied for a reserved seat for the first m.b.b.s. course in june 1981. in his application form under the cyclostyled heading 'caste' he described himself as 's.t.', viz. belonging to scheduled tribe. as required by rule 10 of the government rules, he enclosed a certificate dated 21st july, 1980 issued by the special executive magistrate, .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR270; 2004(2)BomCR295; 2003(3)MhLj513
..... the members of the thandan community, including those belonging to the malabar district and the present palghat district the benefits due to the scheduled castes included in the schedule to the constitution scheduled castes order, as amended upto date and to issue to them community certificates accordingly. the decision in palghat's case which was delivered by ..... divisional officer, islampur : [1996]2scr468 , question arose whether the court has power to include in or exclude from or substitute or declare synonyms to be scheduled caste or scheduled tribe. in para 6 of the judgment at page 266 of the report the apex court observed as under :'6. it is now settled law that ..... constitution bench in the case of b basavalingappa v. d. munichinnappa, : [1965]1scr316 examined the provisions of article 341 which contained similar provisions for the scheduled castes with reference to an election dispute and held as follows :'it may be accepted that it is not open to make any modification in the order by .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker158
..... argued that right to migration or right to move from one part to another is a right given to all to scheduled castes or tribes and to non-scheduled castes or tribes. but when a scheduled caste or tribe migrates, there is no inhibition in migrating but when he migrates, he does not and cannot carry any ..... pradesh. 7. yet another similar situation also came up for consideration of a larger bench of the apex court in action committee on issue of caste certificate to scheduled castes and scheduled tribes in the state of maharashtra v. union of india, (1994) 5 scc 244 : (1994 air scw 3305). the state of maharashtra ..... to the professional degree courses 2002, for engineering and medical /agricultural courses. the application was submitted in the form prescribed exclusively for admission to scheduled caste and scheduled tribe candidates. the caste of the appellant was certified in ext. p1 certificate by the tahsildar of puthukkottai. the 2nd respondent, tahsildar, kanayannur taluk, kochi-11, .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALLMR457; 2003(4)BomCR535; 2003(2)MhLj471
..... gain advantage in securing admissions in educational institutions and employment in state services have been claiming as belonging to either scheduled castes or scheduled tribes depriving genuine and needy persons belonging to scheduled castes and scheduled tribes covered by the presidential orders, defeating and frustrating to a large extent the very object of protective discrimination ..... members of the 'thandan' community belonging to the erstwhile malabar district, including the present palghat district of the state of kerala as members of scheduled castes. in the backdrop of legal position as noted above, in paragraph 19 of the report the apex court held thus:'19. the thandan community ..... let in to determine whether or not some particular community falls within it or outside it. no action to modify the plan effect of the scheduled castes order, except as contemplated by article 341, is valid.'6. in palghat jilla thandan samudhaya samrakshna samithi, the principal question before the apex .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(1)BomCR403
..... 23rd september, 1983, on the ground that they violate article 14. true it is that by the later circular the subject of verification of caste certificate of only scheduled tribes (and not scheduled castes) has been allotted to the tribal development department. but we are unable to see how that factor by itself violates rights and equality. they ..... object of achieving real equality. this inevitably led to the problem of their identification. major section of this class has been specified in the constitution as 'scheduled castes' and 'scheduled tribes' constitution does not define these terms but the president was empowered under articles 341 and 342 of the constitution to draw up their lists on consultation ..... for us to examine it and come to a conclusion that if a person was in fact a mochi, he could still claim to belong to the scheduled caste of chamars and be allowed to contest an election on that basis'.5. occasion arose for the supreme court to decide this question vis-a-vis tribe .....
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