Judgment Search Results Home > Cases Phrase: state commission for backward classes act 1995 section 18 power to remove difficulties Page 1 of about 595 results (0.240 seconds)

Krishna Kumar Mishra and anr. Etc. Etc. Vs. State of Bihar and ors. Et ...

Court : Patna

..... bhoodan yagna samiti, air 1988 sc 2239.it was submitted that the object of the amendment of the constitution and the enactment of the panchayat act were made to provide for a differential dispensation in favour of weaker sections of society, namely, scheduled castes/tribes/women and backward classes.it was submitted that clause 6 of article 243d is a power coupled with the duty to exercise it and the reservation in favour of backward classes. ..... shall be reserved for scheduled caste/scheduled tribe/backward classes for the posts of mukhia and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of mukhia of the panchayat samiti as the population of the scheduled castes/scheduled tribes/backward classes bears to the proportion of the total population of that area and such seats shall be allotted by rotation to different constituencies for mukhia of the panchayat samiti by the state election commission in the prescribed ..... the concept of distributive justice in the sphere of law-making connotes, inter alia, the removal of economic inequalities and rectifying the injustice resulting from dealings or transactions between unequals in society. ..... act 9 of 1995 was not raised and there is no discussion in the judgment of the high court ..... pradhan sangh kshettra samiti, air 1995 sc 1512, where it was observed as follows (at p ..... pradhan sangh kshettra samittee, air 1995 sc 1512, the supreme court held, as follows (at p. ..... , air 1995 all 162 .....

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

..... u.p. state commission for backward classes act, 1996; kerala state commission for backward classes act, 1993; madhya pradesh rajya pichdavargadhiniyam, 1995; bihar state commission for backward classes act, 1993; assam backward classes commission act, 1993; orissa state commission for backward classes act, 1993; west bengal commission for backward classes act, 1993; j&k state commission for backward classes act, 1997; chhatisgarth rajya pichhda varga adhiniyam, 1993 & telangana commission for backward classes act, ..... 340. appointment of a commission to investigate the conditions of backward classes (1) the president may by order appoint a commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of india and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the union or any state to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the union or any state the conditions subject to ..... . in the context of articles 15 (4) and 16 (4,) and indeed the power of classification vested in the state, to adopt protective discrimination policies, there is an element of obligation, or a duty, to equalize those sections of the population who were hitherto, invisible or did not matter .....

Prafulla Kishore Mohanti Vs. State of Orissa and ors.

Court : Orissa

Reported in : 97(2004)CLT622

..... orissa state commission for backward classes act, 1993 has been enacted to constitute a state commission for backward classes other than the scheduled caste and the scheduled tribe and to provide for matters connected there with or incidental thereto (hereinafter referred to as the 'backward classes act'). ..... petitioner, a retired judge of orissa high court was appointed chair-person of the orissa state commission for backward classes by notification dated september 9, 1993 for a term of three years from the date of assuming the office. ..... has disclosed the benefits made available to the chairperson of the national commission for backward classes and other backward class commissions in several other states like west bengal. ..... in this connection, relevant rules being rules 3(1), (4) and (5) of the national commission for backward classes (salaries and allowances and other conditions of service of chairperson and members) rules, 1996 are reproduced ..... cwa-44-98-29996, dated november 11, 1998 that the then president of the state commission constituted under the consumer protection act, 1986 was allowed all the benefits of the sitting high court judge and even the revised pay and allowances from january ..... section 3(1) authorises the state government to constitute the orissa state commission for backward classes (hereinafter referred to as the 'commission ..... on april 1, 1995 the central government granted interim relief @ 10% of the basic pay to the serving judges of the high courts and supreme .....

indira Sawhney Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : AIR2000SC498; 2000(1)ALLMR(SC)99; JT1999(9)SC557; 1999(7)SCALE411; (2000)1SCC168; [1999]Supp5SCR229; 2000(3)SLJ101(SC); 2000(1)LC367(SC); (2000)1UPLBEC455

..... having sought time for years to appoint a commission, the kerala legislature then suddenly came forward with the kerala state backward classes (reservation of appointments or posts in the services under the state) act, 1995 which, in section 3 declared that 'having regard to known facts in existence in the state of kerala, that there are no socially advanced sections in any backward classes who have acquired capacity to compete with forward classes' and that the backward classes in the state were not 'adequately represented' in the services under the state and they would continue ..... but where there is a mere validation with retrospective effect, without the defect being legislatively removed with retrospective effect, the legislative action will amount to overruling the judgment of the courts by way of legislative fiat and will be invalid as being contrary to the doctrine of separation of powers.29. ..... in the context of the law laid down in indira sawhney and in ashok kumar thakur if the legislature of any state does not take steps to remove the defect or to effectivelfy and realistically remove the defect to exclude the 'creamy layer' from the backward classes then the benefits of reservations which are invalidly continued in favour of the 'creamy layer' cannot be declared retrospectively valid merely by a legislative declaration that such creamy layer is absent as done by section 3 of the kerala act. .....

B. Archana Reddy and ors. Vs. State of A.P., Rep. by Its Secretary, La ...

Court : Andhra Pradesh

Reported in : 2005(6)ALD582; 2005(6)ALT364

..... 57 on 18-11-2004 while exercising powers conferred by section 3 of the andhra pradesh commission for backward classes act, 1993 (act 20 of 1993). ..... . the government in exercise of their powers under section 17 of the andhra pradesh commission for backward classes act, 1993 (b.c ..... 33 invalid principally on the ground that the andhra pradesh commission for backward classes act 1993 ('the 1993 act') mandates consultation by the state government with the commission constituted under the 1993 act and that the g.o. ..... - (1) the president may by order appoint a commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of india and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the union or any state to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the union or any state and the conditions subject to which such grants should ..... (nature of judicial process: first indian reprint 1995. .....

President, Siuc Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : AIR2006SC3462; 2006(3)SCALE575; (2006)9SCC354

..... the matter as to the extent of reservation would be determined by the kerala state commission for backward classes (for short, 'the commission') under the provisions of the kerala state commission for backward classes act, 1993 and orders passed on receipt of the report from the commission by the sate government. ..... on 2.5.2005, this court directed:we have further heard the learned cousel for the parties and are of the view that the kerala state commission for backward classes shall decide the issue between the parties expeditiously and, in any case, not later than the end of july, 2005. ..... we have noticed hereinbefore that by an order dated 24.2.2005, the kerala state commission for backward classes was to decide the issue between the parties. ..... such a final decision again indisputably is required to be taken by the state on the recommendations made by the state commission for backward classes constituted by it. ..... siuc nadars by rule 17 read with section 1 of keala state and subordinate rules, 1958, along with other classes mentioned in rule 17(1) would govern the recruitment rules & conditions of service in public service governed by kerala public service act, 1968. ..... 13.12.1982-annex-p9are in the absence of legislative approval referred to in section 2(2) of kerala public service act, 1968, not competent to amend either sch.1 or the provisions in the said rules. ..... all sections/officers are directed to follow the aforesaid procedure. .....

T. Muralidhar Rao Vs. State of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2004(6)ALD1; 2004(5)ALT634

..... a commission of inquiry under the commissions of inquiry act, 1952, for the purpose of determining the criteria to be adopted in considering whether any sections of citizens of india in the state of andhra pradesh (other than the scheduled castes and scheduled tribes) may be treated as socially and educationally backward classes and in accordance with such criteria to prepare a list of such backward classes setting out also their approximate numbers and their territorial distribution; to investigate the conditions of all such socially and educationally backward classes and the difficulties ..... the supreme court having found that the notification was issued to remove the stagnation and to afford an opportunity to the eligible persons to enter the service, concluded that the state government was justified in issuing the impugned notification in exercise of, its executive power. ..... , : (1995)5scc173 , the supreme court speaking through jeevan reddy, j. ..... 13073 of 2004 has been filed by a member of parliament seeking writ of mandamus to declare section 11(2) of the andhra pradesh commission for backward classes act, 1993, (hereinafter referred to as the 'a.p. ..... act 20 of 1993 and by constitution of commission for backward classes, procedure for identifying the backward classes was sought to be regulated, to enable the state government to correctly and accurately identify the socially backward classes, and it does not amount to delegating of its powers to the commission for backward classes. .....

Ram Singh and Ors Vs. Uoi

Court : Supreme Court of India

..... the national commission for backward classes act, 1993 (for short "the act") contain provisions for the constitution of the national commission for backward classes (ncbc), its powers and functions and other allied matters. ..... pursuant to several requests received from individuals, organisations and associations for inclusion of jats in the central list of backward classes for the states of haryana, rajasthan, madhya pradesh and uttar pradesh, the national commission for backward classes (ncbc) studied their claims and submitted a report on 28.11.1997. ..... undoubtedly, the report dated 26.02.2014 of the ncbc was made on a detailed consideration of the various reports of the state backward classes commissions; other available literature on the subject and also upon consideration of the findings of the expert committee constituted by the icssr to examine the matter. ..... article 340 of the constitution envisages the creation of a commission, inter alia, to investigate the conditions of the socially and educationally backward classes and the difficulties under which such classes labour; and to make recommendations as to the steps that should be taken to remove such difficulties and improve their conditions etc.15. ..... article 46 casts upon the state a duty to promote the educational and economic interests of the weaker sections of the population particularly of the scheduled castes and scheduled tribes and to protect such citizens from social injustice and exploitation. .....

Codava National Council Vs. The Chief Secretary

Court : Karnataka

..... mentioned to show the stature of the commission and the pivotal role it plays in matters of the kind; section 9(1) of the 1995 act assigns functions to the commission; it has to examine requests for inclusion of any class of citizens as a backward class in the lists and tender advice to the state government; it also has a duty to supervise the implementation of various welfare schemes meant for these classes; section 9(2) of the act makes the advice of the commission ordinarily binding on the government; a pari materia provision appears verbatim in sec.9(2) of national commission for backward classes act, 1993, is not a coincidence. ..... 13 (f) the above advice of the commission being as clear as gangetic waters, does not admit any interpretation nor does it counter any difficulty in the matter of its implementation; it succinctly states that the word p q u g appearing in the government order dated 30.03.2002, a copy whereof is at annexure-a should be deleted therefrom and in its stead, the words p q and p q g be introduced in the kannada list of obcs and similarly the words ..... such a body can be created under clause (4) of article 16 itself - or under article 16(4) read with article 340 - as a concomitant of the power to identify and specify backward class of citizens, in whose favour reservations are to be provided. .....

Mahesh Chander Verma Vs. Lt. Governor of Nct of Delhi and ors.

Court : Delhi

Reported in : 100(2002)DLT52

..... bal mukund saha , (supra) had an occasion to deal with the question whether the legislature of the state of bihar was competent to enact the bihar reservation of vacancies in posts and services (for scheduled castes, scheduled tribes and other backward classes) act, 1991, in so far as section 4 thereof sought to impose reservation for direct recruitment to the posts in the judiciary of the state subordinate to the high court of patna. ..... we really fail to understand as to why the legislature would feel that the governor, when framing rules in consultation with the high court and the public service commission under article 234 will not take into consideration the constitutional mandate under article 234 will not take into consideration the constitutional mandate under article 16(1) or article 16(4). ..... the indian constitution, though it does not accept the strict doctrine of separation of powers, provides for an independent judiciary in the states: it constitutes a high court for each state, prescribes the institutional conditions of service of the judges thereof, confers extensive jurisdiction on it to issue writs to keep all tribunals, including in appropriate cases the governments, within bounds and gives to it the power of superintendence over all courts and tribunals in the territory over which it has jurisdiction. .....