Court : Mumbai
Reported in : 2007(4)BomCR673
..... education, free of cost, to children but also to supply uniforms, etc., to the deserving poor students. the government passed its resolution with an intention that presence of students of scheduled castes and tribes, nomadic tribes and denotified tribes in classes of standards 1 to 4 in primary schools under zilla parishad of the state should increase and absence should reduce. the .....
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 : (2001)IIILLJ324Bom
..... . the petitioner kuldeo prakash bhagwandas gond belongs to gond caste. under the presidential order gond caste is declared as scheduled tribe by virtue of scheduled caste and scheduled tribes orders (amendment) act, 1976. however, the state of uttar pradesh has recognised gond caste as scheduled caste. in other states including the state of maharashtra gond caste is continued to be regarded as scheduled tribe. pursuant to the advertisement issued by a ..... category. in the application form the petitioner had mentioned that he belonged to scheduled tribe category. alongwith the application he annexed caste certificate issued by the competent authority in u.p. and i.e. said caste certificate shows the caste of the petitioner as scheduled caste. by an appointment letter dated march 20, 1984 the petitioner was appointed in the service of the respondent dena bank .....
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 : 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 .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)BomCR821; 2004(1)MhLj177
..... members of the thandan community, including those belonging to the malabar district and the present palghat district the benefits due to the scheduled caste included in the schedule to the constitution scheduled castes order, as amended upto date and to issue to them community certificates accordingly.12. we may usefully refer to the decision of ..... the judgment, though on incorrect factual submissions, is to the effect:'the notification of the president under article 342 of the constitution, subject to the scheduled castes and scheduled tribes act, 1976, is conclusive and final.'the decision of the apex court is very much in tune with the law laid down in milind ..... akola, rahuri and sangamner of ahmednagar district, (iii) however, pursuant to the report of the advisory committee on the revision of lists of scheduled castes and scheduled tribes, the parliament thought it necessary to remove the area restriction which was working as a clog on social mobility and which was inconsistent with the .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(2)BomCR70
..... as provided under sub-section (2) of section 2 of the hindu succession act, 1956 (hereinafter referred to 'the act of 1956) ?b. the scheduled castes and scheduled tribes order (amendment) act of 1976 (hereinafter referred to the act of 1976) being a declaratory statute, operates retrospectively ?2. the plaintiff shantabai married to ..... section 5 of the act of 1976 provides for the determination of population of scheduled castes and scheduled tribes. section 6 authorities the election commission to readjust the constituencies, according to the population as ascertained for giving proper representations to the scheduled castes and scheduled tribes. section 8 deals with publication of amendment and their date of operation. ..... plaintiff is entitled only to 1/2 share in the 1/3rd share of hari.the defendants contended that they being halba koshtis by caste have been notified as a schedule tribe. as such, as laid down under sub-section (2) of section 2, the provisions of the act of 1956, have .....
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