Judgment Search Results Home > Cases Phrase: state commission for backward classes act 1995 section 5 officers and other employees of the commission Page 1 of about 1,054 results (0.369 seconds)

Prof. Banarsi Tripathi Vs. State of U.P. and Others

Court : Allahabad

..... state commission for backward classes act, 1996, made in exercise of powers conferred by section 3 of the uttar pradesh state legislature (delegation of powers) act, 1995 by the state legislature to the president. ..... the national commission has all the powers, under section 10 of the act 27 of 1993, while performing its functions under sub-section (1) of section 9, of a civil court trying a suit and in particular, in respect of the matter of summoning and enforcing the attendance of any person from any part of india and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any court or office; issuing commissions for the examination of witnesses and documents; and any other matter which may be prescribed. 33. ..... 8.11 (1) the functions of the disciplinary committee shall be as follows: ( section 49) (a) to decide any appeal preferred by an employee of the university under statute 2.07: (b) to hold inquiry into cases involving disciplinary action against a teacher or the librarian of the university: (c) to recommend suspension of any employee referred to in sub- clause (b) above pending or in contemplation of inquiry against such employee: (d) to exercise such other powers and perform such other functions as may, from time to time, be entrusted to it by the executive council. .....

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 to be entitled to reservation under clause (4) of article 16 of the constitution. ..... (b) vice president of india, (c) judges of the supreme court and high courts, (d) chairman and members of upsc and state public service commission, chief election commissioner, comptroller and auditor-general of india, (e) persons holding constitutional positions of like nature, (b) service category: children of (a) parents, group a/class i officers of all india central services and state services (direct recruits) where both or one of the parents are class i officers, subject to certain conditions; children of group b/class ii officers of the central and state services (direct recruitment), subject to certain conditions; children of employees of public sector undertakings, banks .....

Pichra Warg Kalyan Mahasabha Haryana Vs. The State Of Haryana

Court : Supreme Court of India

..... after clarifying that the earlier notifications issued by the state government on 07.06.1995, 09.08.2000 and 31.08.2010 had been superseded by the 2016 act, the high court was of the opinion that fixing the criteria for creamy layer is in the interests of persons belonging to the marginalised sections of backward classes who actually need the benefit of reservation. ..... the petitioners have also sought for a direction to the respondents to provide reservation to backward classes in haryana under the 2016 act by considering the existing defined criteria of creamy layer by the national commission for backward classes or the criteria used by the state of haryana prior to the 2016 act.2. ..... the said annexure a included the children of those who held constitutional posts, who were class i officers of the all india central and state services (direct recruits), class ii officers of the central and state services (direct recruits), employees in public sector undertakings etc. ..... it was contended on behalf of the petitioners that the notifications are violative of section 5 of the 2016 act, according to which social, economic and other factors are to be taken into account for specifying the criteria for exclusion and identification of persons belonging to the backward classes as creamy layer . .....

Chandradhar Das Vs. Assam Backward Classes Commission and ors.

Court : Guwahati

..... in terms of section 5(1) and (2) of the act, it is the government which provides the commission with such officers and employees, as may be necessary, for the efficient performance of functions of the commission and the salaries and allowances payable to and other terms and conditions of service of the officers and other employees appointed for the purpose of commission shall be such as may be prescribed. ..... it may be stated here that the deponent as administrative officer to the assam backward classes commission, on receipt of the note from the hon'ble chairperson, assam backward classes commission, held an enquiry into the incidence of gross dereliction of duty and submitted the report to the hon'ble chairperson, assam backward classes commission. ..... in the order, it has been stated that the petitioner was appointed on temporary basis subject to discharge without notice and without assigning any reason, the petitioner was appointed way back in 1995 and after continuing for long 9 years, he was no longer a temporary appointee and his service could not have been dispensed with on that ground. ..... while the petitioner was continued in the capacity of peon in the office of the commission, he was engaged in the post of driver in the commission by order dated 28.2.1995. .....

Anupal Singh . Vs. The State of Uttar Pradesh Through Principal Secret ...

Court : Supreme Court of India

..... in the counter filed by the principal secretary, personnel, government of up, it is stated that change in the category-wise vacancies was further scrutinised in terms of uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994. ..... counsel: drawing our attention to uttar pradesh state public service commission (regulation of procedure and conduct of business) act, 1974, the learned counsel submitted that the conduct of business by the up public service commission shall be strictly in accordance with the 12 provisions and the revised office memorandum dated 12.10.2014 changing the number of vacancies in different categories is unsustainable and the high court rightly set aside the same and directed the selection process to be continued and directed the state to send requisition to the up public service commission on the basis of quantifiable data and cadre strength as well as actual persons working ..... (2) the state government may in the like manner, invest the appointing authority or officer or employee referred to in sub-section (1) with such powers or authority as may be necessary for effectively discharging the responsibility entrusted to him under sub-section (1).28. ..... state of j&k and others (1995) 3 scc486 it was held as under:- 9. .. ..... state of punjab and others (1995) 2 scc745 the supreme court held as under:- 6. .....

Prakasam District Sarpanchas Association and Another Vs. Govt. of A.P. ...

Court : Andhra Pradesh

Reported in : 2001(1)ALD143; 2001(1)ALT138

..... panchayat raj act, 1994 are - to provide reservations to the members belonging to the scheduled castes and scheduled tribes in proportion to their population in the local bodies; to provide reservations to women and also to the backward classes; creation of a separate state election commission for conducting elections to these local bodies; setting up of a finance commission to review the financial position of the local bodies; andalso for providing a fixed term of office to these local bodies.3. ..... in case the population of backward class in the said constituencies is on an average such that the same could be reserved by reference to the population, to declare the result of the election and in case it is otherwise to direct for a fresh election by reallotment of seats based on population; and (2) forthwith proceed with verification of the electoral roll of such wards in which names of voters have been added after the final publication of the electoral roll under sub-section (3) of section 11 of the actand in case he is satisfied that the voter or voters is/are a genuine persons, to declare the result of the election. ..... state of punjab and others, : air1999sc3471 , state bank of india scheduled caste/tribe employees welfare association v. .....

The State of Maharashtra Through The Chief Secretary Government of Mah ...

Court : Mumbai

..... it is made clear that the notices be given accordingly and circulated to the principal bench, as well as, other benches of this court at nagpur, aurangabad and goa, about these matters, which are relating to the constitutional validity of the maharashtra state public services (reservation for scheduled castes, scheduled tribes, denotified tribes (vimukta jatis) and nomadic tribes, special backward classes and other backward classes) act 2001 (maharashtra act no. ..... another writ petition no.3009/2015 is filed by vimukta jatis, nomadic tribes and special backward class employees and officers association being the party to the impugned judgment. ..... section 10 : (1) the government may, by order, provide for nomination of officers belonging to scheduled castes, scheduled tribes and other backward classes in the selections, screening and departmental promotion committee for the purpose of selecting persons for appointment or promotions, as the case may be, to public services and posts. ..... as per the judgment of supreme court in indira sawhney a committee of experts was converted into the state backward class commission on 19.05.1995 under the chairmanship of shri. s. n. ..... but we do realize that this judgment will be applicable only to the maharashtra state government employees and as mentioned at the outset, the writ petitions filed by the employees of other employers outside the jurisdiction of this tribunal are still pending before the hon'ble bombay high court. .....

V.K. Banerjee Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (1999)1UPLBEC768

..... the only question up for consideration before this full bench' in this writ petition is as to whether the order issued by the state of uttar pradesh on 10-10- 1994 increasing reservation quota in promotion in favour of scheduled castes candidates from 18% to 21% under section 3 of the uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994 is valid or not?6. ..... the purview of the public service commission) bigibility list rules, 1986 has made a provision that where the criterion for promotion is seniority subject to the rejection of unfit the appointing authority shall prepare three lists to be called the eligibility lists of the senior most eligible candidates from each of the category namely, general, scheduled caste and schedule tribes, separately in the light of vacancies available for each of the said category in proportion of 1 to 5 vacancies-two times the number of vacancies subject to a maximum of 5 and for over 5 vacancies one and half times the ..... in adjusting the competing rights of the dalits and tribes on the one hand and the employees belonging to the general category on the other, the balance is required to be struck by applying the egalitarian protective discrimination in favour of the dalits and tribes to give effect to the constitutional goals, policy and objectives referred to hereinbefore.'7. .....

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

Court : Patna

..... the aforesaid sections, to the extent it stipulate reservation in favour of one or other class.sub-section (1) of section 13: 'reservation of seats:--(1) in every gram panchayat seals shall be reserved for:--(a) scheduled castes; (a) scheduled tribes; and (c) backward classes; and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that panchayat as the population of the scheduled castes/scheduled tribes/or of the backward classes bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a gram panchayat in such manner as may be prescribed by the state election commission ..... the common law before the making of the act;(ii) what was the mischief and defect for which the common law did not provide;(iii) what remedy the parliament hath resolved and appointed to cure the disease of the common wealth, and;(iv) the true reason of the remedy, and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy and to suppress subtle inventions and evasions for continuance of the mischief, and pre private commando' and to add force and life to the cure and remedy, according to the true intent of the makers of the act ..... act 9 of 1995 was not raised and there is no discussion in the judgment of the ..... sangh kshettra samittee, air 1995 sc 1512, the supreme court held, as follows .....

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

..... section 2(e) defined the lists in following words: section 2(e) lists means the lists prepared by the state government, from time to time, for the purposes of making provision for the reservation of appointments or posts, in favour of the backward classes of citizens who, in the opinion of the state government, are not adequately represented in the services under the state government and any local or other authority within the state or under the control of the state government;112.section 9 of the act deals with functions of the commission in the following words: section 9. ..... in exercising the powers under article 16(4) the problem of adequate representation of the backward class of citizens must be fairly and objectively considered and an attempt must always be made to strike a reasonable balance between the claims of backward classes and the claims of other employees as well as the important consideration of the efficiency of administration; . ..... kasilingam v psg college of technology 1995 supp (2) scc348 black diamond beverages v commercial tax officer 1998 (1) scc458 godrej and boyce manufacturing co v state of maharashtra 2014 (3) scc430 105 (f) article 338 (10) was amended, to delete references to backward class of citizens. .....