Court : Patna
..... the parliament on 8th september, 1976. the object of the act was to provide for inclusion and exclusion from the list of 'scheduled castes' and 'scheduled tribes' of certain castes and tribes, for the readjustment of representation of parliament and assembly constituencies insofar as such readjustment is necessitated by such inclusion or exclusion ..... the hon'ble supreme court surveyed the retrograde attempts successfully made by different communities in the country to wear the mask of status either of scheduled castes or schedule tribes to secure constitutional benefits of reservations and other economic empowerments and those attempts in andhra pradesh were judicially negated in the said case. ..... '.46. for the reasons stated above, i come to the following conclusions:(i) lohara are not covered by entry 22 part iii of the scheduled castes and scheduled tribes orders (amendment) act, 1976;(ii) in the hindi version of the act lohar has been inadvertanly mentioned and in view of conflict between .....
Tag this Judgment!Court : Patna
..... consideration to apply the principles in gridco and om prakash (supra). the list of notified scheduled tribes published in the scheduled tribes order 1950, describes kisan as sub-caste of scheduled tribe at serial 18, it again figures at serial 19 of the scheduled caste /scheduled tribes order (amendment act), 1976. the job and livelihood of the employee was at ..... no. 1060/73 dated 18.10.1973 in the prescribed format, which stated that he belongs to sub-caste which is recognized as scheduled caste in the scheduled castes and scheduled tribes list modification order 1956 . the employee is stated to have been a minor aged approximately 15 years that point of time. unlike ..... the former certificate, the latter is ambiguous. it does not state that he belonged to any specified scheduled caste, much less the name of any sub-caste. it also mentions the words scheduled tribe. the bank issued an advertisement in 1976 for class-iii posts which the employee joined in 1978. he mentioned .....
Tag this Judgment!Court : Patna
..... consideration to apply the principles in gridco and om prakash (supra). the list of notified scheduled tribes published in the scheduled tribes order 1950, describes kisan as sub-caste of scheduled tribe at serial 18, it again figures at serial 19 of the scheduled caste /scheduled tribes order (amendment act), 1976. the job and livelihood of the employee was at ..... no. 1060/73 dated 18.10.1973 in the prescribed format, which stated that he belongs to sub-caste which is recognized as scheduled caste in the scheduled castes and scheduled tribes list modification order 1956 . the employee is stated to have been a minor aged approximately 15 years that point of time. unlike ..... the former certificate, the latter is ambiguous. it does not state that he belonged to any specified scheduled caste, much less the name of any sub-caste. it also mentions the words scheduled tribe. the bank issued an advertisement in 1976 for class-iii posts which the employee joined in 1978. he mentioned .....
Tag this Judgment!Court : Patna
..... consideration to apply the principles in gridco and om prakash (supra). the list of notified scheduled tribes published in the scheduled tribes order 1950, describes kisan as sub-caste of scheduled tribe at serial 18, it again figures at serial 19 of the scheduled caste /scheduled tribes order (amendment act), 1976. the job and livelihood of the employee was at ..... no. 1060/73 dated 18.10.1973 in the prescribed format, which stated that he belongs to sub-caste which is recognized as scheduled caste in the scheduled castes and scheduled tribes list modification order 1956 . the employee is stated to have been a minor aged approximately 15 years that point of time. unlike ..... the former certificate, the latter is ambiguous. it does not state that he belonged to any specified scheduled caste, much less the name of any sub-caste. it also mentions the words scheduled tribe. the bank issued an advertisement in 1976 for class-iii posts which the employee joined in 1978. he mentioned .....
Tag this Judgment!Court : Patna
..... stage, no objection of the present nature was taken on behalf of the respondents.4. it is next urged that the bihar reservation of vacancies in posts and services( for scheduled castes, scheduled tribes and other backward classes) (amendment) act, 2003 was published in the gazette on 10.9.2003. the appointment of the petitioner pertains to an advertisement issued on 17.3 ..... after ascertainment of his merit position in the same as existing in law on the date of the advertisement.5. the petitioner had produced a valid certificate of being a scheduled caste from the appropriate authority in uttar pradesh and, therefore, there was no justification to place him in the category of general candidate and deny him appointment on the basis of .....
Tag this Judgment!Court : Patna
..... pursuant to the direction of this court. it has been stated that according to the new reservation policy as per the bihar reservation of vacancies in posts and services (for scheduled castes, scheduled tribes and other backward classes) amendment act, 1993, the reservation policy was followed by the said commission at the time of screening test. in paragraph 12 of the said affidavit ..... . the facts of the case are that these petitioners applied for appointment to the post of ayurvedic medical officer pursuant to advertisement no. 24/89 with the requisite fees and caste certificate and so on. the petitioners claim that they belong to the most backward class category. the further case of the petitioners is that the advertisement was for a total .....
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..... ).10. according to the learned counsel for the petitioner, the state has already made provision by amending the provision of the bihar reservation of vacancies in posts and services (for scheduled castes, scheduled tribes and other backward classes) amendment act, 2002 and the vacancies in the reserved category exist, but the state authorities are sitting tight over the matter and denying promotion simply .....
Tag this Judgment!Court : Patna
..... 1: vulwfpr tkfr @ vuqlwfpr tu tkfr ls vk'k; fcgkj jkt; ds vuqlwfpr tkfr @ tutkfr ls gsanote - 1: its free translation means that the expression scheduled caste/scheduled tribe would mean scheduled caste/scheduled tribe of the state of bihar.note - 6: vkj{k.k dh lqfo/kk fcgkj ds ewy fuoklh;kssa dks gh ns; gksanote - 6: its free translation ..... fall for consideration.9. yet another decision on which reliance is placed is the decision of the supreme court in the case of action committee on issue of caste certificate to scheduled castes and scheduled tribes in the state of maharashtra and anr. v. union of india and ors. : (1994)5scc244 , in which it has been held as follows ..... cannot be denied to them.6. that it is humbly stated and submitted that the private respondent nos. 4 & 5 are chamar by caste and caste chamar is recognized as scheduled caste both in the state of bihar as well as uttar pradesh in the presidential notification issued under article 341 of constitution of india with respect .....
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..... the rule may be quoted as under:the commission while sending its recommendation under rule 14 recommend for appointment of candidates of the reserved categories (like, scheduled castes scheduled tribe, extremely backward class etc.), in accordance with the reservation rules of the state government applicable from time to time.(translation from hindi by me)at ..... be extended to the candidates of backward class category. the learned judge noticed the provisions of the bihar reservation of vacancies in posts and service (for scheduled caste, scheduled tribe and other backward classes) act, 1991 (in short 'the reservation act') and held that the state government was competent to extend the benefit ..... statutory rules. whereas under the rules, vide rule 12, only such of the candidates securing 40% marks in general category and 35% marks in the scheduled caste/scheduled tribe category are to be called for the viva voce test, under the said resolution dated 22.12.1990 qualifying marks of 36.5% in the .....
Tag this Judgment!Court : Patna
..... state. the same letter now finds statutory support in view of the retrospective amendment to the provisions of the bihar reservation of vacancies in posts and services (for scheduled castes, scheduled tribes and other backward classes) act, 1991 with effect from 11.6.1996 which is the date prior to the date of advertisement.12. thus, in any ..... (supra), the attention of this court was not drawn to the constitution bench decision of the supreme court in the case of action committee on 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 , in which it has been laid down to ..... chandra shekhar rao v. dean, seth g.s. medical college : [1990]2scr843 in which it has been clearly laid down that a person belonging to scheduled caste or scheduled tribe in relation to a state would require necessary protection and benefits in that state to bring about equality but the social environment of the state to which .....
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