Judgment Search Results Home > Cases Phrase: scheduled castes and scheduled tribes orders amendment act 2002 section 2 definitions Court: allahabad Page 1 of about 156 results (0.367 seconds)

Jyoti Kumar Singh Son of Sri Triveni Prasad Singh and Km. Kusum Daught ...

Court : Allahabad

Reported in : 2006(3)AWC2336

..... provided for earlier, for example reservation for women in the facts of this case. c. there can be an inclusion or exclusion of a particular caste for scheduled castes/scheduled tribes as notified with reference to article 341/342 of the constitution by an act of parliament.10. all these three kinds of reservations are ..... the petitioners are lower in merit then the selected candidates in the said scheduled castes category, they have rightly not been selected.4. heard shri ashok khare, senior advocate, on behalf of the petitioner assisted by shri amit kumar. ..... state of u.p. 2005 (3) a.w.c. page 2738. respondents contend that since in their application petitioners had claimed that they belong to scheduled caste category and had also enclosed certificates in support thereof, their claim for appointment against the advertised vacancies has accordingly been considered in the said category alone. since .....

Vijay Prakash Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2005(1)ESC649

..... of india alone which is competent to amend the said orders, following the procedure prescribed in articles 341 and 342 of the constitution. once the president of india issued the scheduled castes/scheduled tribes order in relation to a state in exercise of the powers under article 341(1) and 342(1) of the constitution, even the president cannot include or exclude any ..... can amend the said order by law. the courts are also devoid of any power to include or exclude, to vary or substitute or declare any person to be a scheduled caste or scheduled tribes. the purpose of enacting the provisions of articles 341 and 342 seems to be uplifting certain classes of the society who have been depressed, oppressed and suffered from .....

Zonal Manager, Life Insurance Corporation of India and Senior Division ...

Court : Allahabad

Reported in : [2008(116)FLR204]

..... the said employee by one shri ram lal bhai, m.l.a. that the said employee belonged to shilpkar community, which is recognized as a scheduled caste under the scheduled castes/tribes order (amendment) act, 19561 the said certificate had been endorsed by the additional district magistrate and the same had been submitted by the said ..... the tehsildar sadar, gorakhpur, it was evident that shri shiv kumar sharma, son of shri abhi raj sharma, resident of bashratpur was a shilpkar by caste which belongs to scheduled caste. the district harijan and social welfare officer, gorakhpur has affirmed the said finding vide his report dated 13.12.1988.on further enquiry, the district ..... correctness of the certificate and there is no specific finding that the certificate had been obtained by misrepresentation or fraud or he did not belong to the scheduled caste. the inquiry officer committed an error in placing the onus to prove that the report of the district magistrate was wrong, on the respondent employee .....

Panchoo Ram Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2004(3)AWC2358; (2004)3UPLBEC2186

..... article 335 by the constitution (82nd) amendment act, 2000, that nothing in the article shall prevent in making any provision in favour of members of scheduled caste/scheduled tribe's for relaxation in qualifying marks in any examination, or lowering the standards of evaluation, for reservation in the matter of promotion to any class or ..... in favour of any backward class, of citizens which in the opinion of the state is not adequately represented, in the services under the state. the scheduled caste/scheduled tribes have been treated to be entitled to be treated as a 'backward class' chitralekha v. state of mysore, air 1964 sc 1838 and indra sawhney ..... chief medical officer, allahabad in the counter-affidavit violates article 16(2). the petitioner has been discriminated on the ground that he does not belong to scheduled caste. the constitution of india prohibits reservation on posts except to give adequate representation to backward class of citizens. this is provided by the state either by .....

Vijay Prakash Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR2005All181; 2005(1)AWC811

..... court the judgments relied upon by the petitioners referred to above have not noticed the constitutional provisions which regulate declaration of the particular caste as scheduled caste/scheduled tribe, as also the judgments of the hon'ble supreme court squarely applicable on the subject and as such are per incuriam. the ..... powers under articles 341(1) and 342(2), the president of india has issued constitution (scheduled castes) order, 1950, which has been amended from time to time by the scheduled castes and scheduled tribes orders (amendment) act, namely scheduled castes and scheduled tribes orders (amendment) act no. 63 of 1956, act no. 108 of 1976, act ..... orders dated 12th may, 1961 and 26th march, 1962, the petitioners (members of the bhar community) claim that they have been treated as scheduled caste/ scheduled tribe and have been provided benefits of reservation accordingly. it is further alleged that the aforesaid notifications were subject matter of considerations before this court .....

Pradeshiya Jan Jati Vikas Manch U.P. and Others. Vs. State of Up and O ...

Court : Allahabad

..... allowed. a writ of mandamus is issued to the respondents to provide proportional representation to the members of the scheduled tribes, who were shifted from the list of scheduled castes to scheduled tribes, by the scheduled castes and scheduled tribes order (amendment) act, 2002 (act no. 10/2003), with consequential government order dated 3.7.2003 ..... to confer certain powers of local self government. it promises the duration of five years, for free and fair elections with representation of scheduled castes and scheduled tribes in the administration of institutions of local self government without any interference of other organs of the state. the historical 73rd amendment ..... ' through its secretary shri shrawan kumar gond, have filed these writ petitions in public interest for giving the ten castes and seven sub castes excluded from the scheduled castes, and included in the scheduled tribe by act no. 10/2003, for which necessary government order was issued on 3.7.2003, the proportional .....

Hoti Lal Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2002(3)AWC1761; (2002)3UPLBEC2024

..... revision. the expression 'a person' used under section 12c of u.p. panchayat raj act by necessary implication includes male and female belonging to general castes, scheduled castes, scheduled tribes and backward classes and an argument contrary to it is unacceptable. the newly inserted amendment by amending act no. 21 of 1998 by state ..... , there is no proper forum to decide election disputes. some times elections are delayed due to delimitation of constituencies or allotment of seats to the scheduled castes, scheduled tribes and backward classes. thus, to avoid periodical delay in panchayat elections by states, it is made obligatory by part ix of the constitution upon ..... legislature creating two forums one for general caste and other for scheduled caste, scheduled tribe or backward class for same cause of action to the disadvantage to latter is against the key concept of equality assurances guaranteed in .....

Prem Kumar Singh and Others Vs. State of U.P. and Others

Court : Allahabad

..... to this rule says that if in a year of recruitment, no vacancy is available for recruitment, no vacancy is available for scheduled castes or scheduled tribes but a person belonging to scheduled castes or scheduled tribes, as the case may be, is entitled to be included, by virtue of his seniority, in the eligibility list ..... made by inserting a proviso to rule 4, which provided that if in a year of recruitment, no vacancy is available for scheduled castes or scheduled tribes but a person belonging to scheduled castes or scheduled tribes, as the case may be, is entitled to be included, by virtue of his seniority, in the eligibility list ..... was no need to undertake any exercise for finding the quantifiable data to provide reservation in promotion to the members belonging to scheduled castes and scheduled tribes, as the fact that scheduled castes and scheduled tribes indisputably belong to backward classes of citizens and their backwardness not only stands established, but is also clear on the .....

Udal Singh Vs. V.C., Bundelkhan University and Others

Court : Allahabad

..... which is competent to amend the said orders, following the procedure prescribed in articles 341 and 342 of the constitution. once the president of india issued the scheduled castes /scheduled tribes order in relation to a state in exercise of the powers under article 341(1) and 342 (1) of the constitution, even the president cannot ..... order by law. the courts are also devoid of any power to include or exclude, to vary or substitute or declare any person to be a scheduled caste or scheduled tribes. the purpose of enacting the provisions of articles 341 and 342 seems to be uplifting certain classes of the society who have been depressed, oppressed ..... scope of competence of state. reservation according to provisions of constitution is being given. once the president of india exercising the powers has issued notification regarding scheduled castes and scheduled tribes in relation to a state, it cannot be changed or any addition can be made by the state government is by issuing any such by .....

Sudha Tiwari Vs. Union of India and Other

Court : Allahabad

..... petitioner has challenged the constitutionality of u.p. act 23 of 2006, namely the uttar pradesh admission to educational institutions (reservation for scheduled caste, scheduled tribe and other backward classes) act, 2006 as ultra vires and also striking down the condition no. 17 of the information brochure providing ..... of the act of 2006 provides as follows:- "4. reservation in favour of scheduled castes, scheduled tribes and other backward classes - (1). in admission to educational institutions, including private educational institutions, whether aided or unaided by the state, ..... of the university proceeded on the basis, and in compliance of section 4 of the u.p. admissions to educational institutions (reservation for scheduled castes, scheduled tribes and other backward classes) act, 2006 including the state run educational institutions and private unaided and self-finance educational institutions. section 4 .....