Court : Gujarat
Reported in : (2005)1GLR551
..... been 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 special rights ..... dean, seth g.s. medical college and others, (1990) 3 scc 130, it is categorically held that a person, who is recognized as a member of scheduled caste / scheduled tribe in his / her original state will be entitled to all the benefits under the constitution in that state alone and not in all parts of the country ..... as senior clerk, head clerk and or junior assistant, the state government offices and the authorities under the state treated a person holding status certificate of scheduled caste and or scheduled tribe as entitled to claim throughout india the benefit of reservation policy. thus, the petitioners were recruited and promoted following due process of law. the .....
Tag this Judgment!Court : Mumbai
Reported in : 1989(3)BomCR156; (1989)338BOMLR91; 1989MhLJ815
..... to which provisions of section 36-a cannot apply.10. the argument of shri dhuldhwaj that the provisions of amendment act no. 108/1976 includes naikada caste in scheduled castes and scheduled tribes orders (amendment) act, 1976, and will have to be given restrospective effect to confer the benefit to the tribal under section 36-a of ..... in the present case are that the petitioner is a non-tribal. the respondent deceased piraji claims that he belongs to naikada caste which is included as scheduled tribe by virtue of amendment to the scheduled caste and scheduled tribes order (amendment) act, 1976 (i.e. act no. 108 of 1976). this amendment is brought into force on 27th ..... a are not at all attracted in the present case in view of the admitted fact that the status of respondent no. 1 as scheduled tribe is conferred on him by the scheduled castes and scheduled tribes order (amendment) act, 1976, which came into force on 27th day of july, 1977. the respondent deceased piraji could claim status .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)ALLMR226; 2004(2)BomCR229
..... magistrate, aurangabad, in favour of the candidate.4) certificate dated 26-3-1979 issued by the chairman, committee on the scheduled castes and scheduled tribes, vimukta jatis and nomadic tribes.5) caste certificate bearing no. dated 15-12-1978 issued by the tahsildar, udgir in favour of candidate's father shri raghunathrao gunwantrao chandorikar ..... or kolgha; '29. 'koli mahadeo, dongar koli'30. 'koli malhar'in none of these 3 entries, the caste 'mitrashi hindu koli mahadeo' is incorporated and the said caste does not find place under the scheduled castes and scheduled tribes order (amendment act) of 1976 as applicable to the state of maharashtra.shri talekar, the learned counsel for ..... brought into force in 1978. it therefore seems obvious that the petitioner's father obtained, for the first time, a caste certificate on 15-12-1978 as belonging to 'mahadeo koli scheduled tribe'. this certificate appears to be the basis for correcting the service book, the original of which is placed before us .....
Tag this Judgment!Court : Chennai
Reported in : 1998(3)CTC653
..... officer and revenue inspector, edaicode revealed that vasantha, wife of sundaresan, the petitioner belongs to hindu vannar community, which is recognised as a scheduled caste as per the scheduled castes and scheduled tribes orders (amendment) act, 1976 vide serial no.71 and certified that tmt. vasantha and her family ordinarily reside at edaicode village, vilavancode ..... kaliya perumal v. state, etc. 1998 (1) l.w. 269. in that case, it was argued that the wife who belongs to scheduled caste loses her caste by marrying the husband, who belongs to yadhava community and becomes member of the husband's family and that therefore, the wife cannot invoke the ..... district, the petitioner herein, on being aggrieved over the judgment acquitting the first respondent in respect of the offence under section 3(1)(x) of scheduled caste and scheduled tribes (prevention of atrocities) act, 1989, has filed this revision before this court. 2. normally, this court in the revisional jurisdiction would not entertain .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR975; [2008(2)JCR85(Jhr)]
..... bihar and ors. and its analogous cases, reported in 1994 (2) pljr 540, that lohars are not covered by article 322 part-iii of the scheduled castes and scheduled tribes order, 1950 (amendment act 1976). the decision overruled the earlier decision of the said court. he submitted that there is no iota of evidence to ..... the community which claims the status as scheduled caste or scheduled tribe, was, in fact, included in the concerned schedule, the court is devoid of power to include in or excise from or substitute or declare synonyms to be of scheduled caste or scheduled tribe or parts thereof or group of such caste or tribe. in the said decision, ..... for the respondent. the applicant-respondent claims her caste as 'lohar'. her caste is not included in the list of scheduled tribes, specified by the president of india under the scheduled tribes and scheduled castes order 1950. it has been clearly held by the full bench in bihar lohar (scheduled tribes) utthan mahasabha (supra) that lohars are .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR2439; 1985(2)KarLJ196
..... with reference to particulars set out therein as to whether a candidate really belongs to 'beda jangama', a caste treated as scheduled caste mentioned in amended act or belongs to 'jangama' caste a sub-caste or sect of lingayath or veerashaiva community in order to prevent commission of fraud in securing appointment or ..... be taken against the(sic)erting officers.'according to this circular, jangama is not the same as 'beda jangama' treated as scheduled caste but 'jangama' is a sub-caste of veerashaiva or lingayath community. state having noticed that persons authorised to issue castecertificates are in discretely issuing certificates without noticing the ..... of mandamus directing respondents to take him to duty without insisting for production of fresh caste certificate or better particulars.3. scheduled castes and scheduled tribes orders act, 1976 (act no. 108 of 1976) while amending scheduled castes order of 1950 issued by the president under article 341 of the constitution of india treated .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)ALLMR540; 2006(2)MhLj664
..... entitled to be admitted to the medical college. the matter had again came up before the apex court in the case of action committee on the issue of caste certificate to scheduled castes and scheduled tribes in the state of maharashtra and anr. v. union of india and anr. : (1994)5scc244 . the issue as now raised was in issue ..... benefits of reservation in the state of maharashtra.the effect would be that when the presidential notification of 1950 was issued on 10-8-1950, the notified scheduled castes and schedules tribes in those states before the state reorganization act, 1956 and the bombay state reorganization act, 1960, though they may not be resident in the localities ..... this aspect has not been considered by both the division benches as their attention was not drawn to the same. the same reasoning will also apply insofar as scheduled castes are concerned.if such construction is not accepted and the date of the presidential notification i.e. 10th august, 1950 is considered, then all s.t.s .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)ALLMR16; 2005(2)BomCR853; 2005(1)MhLj798
..... the thandon community including those belonging to the erstwhile malabar district and the present palghat district, the benefits due to scheduled caste 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 thandan's was ..... 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 ..... the state government to deny the members of thandan community residing in malabar district and present palghat district benefits due to scheduled caste included in the schedule to the constitution scheduled castes order. the supreme court in paras 15, 28 and 36(1) of the report held thus :15. thus it .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD726
..... : [1995]3scr430 , the supreme court issued various directions to ensure that proper certificates are issued after thorough enquiry and that the benefit should only go to the scheduled castes or scheduled tribes as the case may be.9. in dina v. narayan singh (1968 (38) elr 212 sc), dina declared in his nomination paper, as being a ..... singh, : [1965]2scr877 , the supreme court observed that it is clear from article 341(1) that in order to determine whether or not a particular caste is a scheduled caste within the article 341, one has to look at the notification issued by the president in that behalf. where, therefore, in a particular case, the notification ..... contained in article 341 of the constitution of india. the supreme court said that the object of article 341(1) is to provide additional protection to scheduled castes having regard to the economic and educational backwardness from which they suffer. before, a notification is issued under article 341(1) an elaborate enquiry is made .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)MhLj1081
..... of persons in order to 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 given to such people based on ..... conferred upon the president of india by clause (1) of article 342 of the constitution of india. in the schedule appended to the said order, admittedly thakar was not notified as a scheduled tribe within the then state of bombay. thereafter by the scheduled castes and scheduled tribes orders (amendment) act, 1956 the presidential order, 1950 was amended and in some of the districts of .....
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