Judgment Search Results Home > Cases Phrase: the assam women reservation of vacancies in services and posts act 2005 Page 1 of about 738 results (0.136 seconds)

Khanindra Nath Choudhury Vs. State of Assam and ors.

Court : Guwahati

..... upon a reference to the aforesaid position, it is the case of the petitioner that having regard to the percentage of reservation provided for in the assam scheduled castes and schedule tribes (reservation of vacancies in services and posts) act, 1978 and assam scheduled caste and schedule tribes (reservation of vacancies in services and posts) rules, 1983, the total cadre strength of superintendent being only 4, the said percentage cannot provide any reservation so as to operate the roster of reservation. ..... harcharan singh reported in (1998) 4 scc 01, the question before the constitution bench was, whether in a single cadre post, reservation for sc, st and obc's can be applied either directly or through the roster, in which vacancies are rotated amongst general category and reserved category candidates. ..... officer, kerala public service commission reported in : (2003)12scc10 , the apex court noticing the prohibition of reservation in excess of 50% observed that the high court's direction to kpsc to advise more names from the supplementary lists of reserved category candidates for appointment was per incuriam, violative of statutory rules as also articles 16 (4) and 16 (4-b) of the constitution.13. ..... pawau kumar tiwari reported in (2005) 2 scc 10, the apex court dealing with the rule of 'rounding off' observed that the same based on logic and common sense is, if part is one half or more, its value shall be increased to one and if part is less than half then its value shall be ignored. .....

Amarendra Kumar Saikia and ors. Vs. State of Assam and ors.

Court : Guwahati

..... further case of the petitioner is that if the opinion rendered by the legal remembrancer is to be accepted, same will lead to violation of the provision of the assam schedule caste and schedule tribes (reservation of vacancies in service and posts), act 1978 and the rules framed therein.14. ..... in paragraph 17 of the said affidavit, it has been stated that the department has followed the provision of the assam schedule castes and schedule tribes (reservation of vacancies in service and posts) act, 1978 without exceeding the required percentage of reserved categories.18. ..... in view of the clear stand of the respondents that they have applied the percentage on reservation against the vacancies and not against the posts as a unit, the calculation made by the respondents for filling up the vacancies of the sdao earmarking the prescribed percentage on reservation on the basis of calculation of vacancies and not the posts, is not sustainable in law.39. ..... the percentage of reservation is the desired representation of the backward classes in the state services and is consistent with the demographic estimate based on the proportion worked out in relation to their population. ..... pawan kumar tiwari reported in (2005) 2 scc 10 observed thus:9. .....

Kushal Sarmah Vs. State of Assam and ors.

Court : Guwahati

..... order 17 provides for reservation to st and sc candidates in accordance with the provisions of the assam scheduled castes and schedule tribes (reservation of vacancies in services and posts) act, 1978 and the rules therein. ..... umarani (supra) involving appointment of a large number of employees without notifying the vacancies to the employment exchanges and without following other mandatory provisions of the rules relating to recruitment and without even following the reservation policy of the state as in the instant case, the apex court held that the state cannot invoke the power under article 162 of the constitution to regularize such appointments. ..... the recruitment rules, namely the assam subordinate cooperative services (recruitment and condition of services) orders, 1989 have laid down the detailed methodology for selection and appointment of the employees of the department. ..... the assam subordinate cooperative services (recruitment and continuation of service) orders, 1989. ..... 4930/01 praying for a direction to the respondents for extension of their services and for consideration of their cases for regular appointment against the posts. ..... as per the own admission of the official respondents neither in the matter of ad hoc nor towards regularization of their services, the reservation policy was followed and the appointments were made without resorting to reservation.45. .....

Utpal Choudhury Vs. State of Assam and ors.

Court : Guwahati

..... scheduled tribes (hills) scheduled castes in accordance with provisions of the assam scheduled castes and scheduled tribes (reservation of vacancies in services and posts) act, 1978, such communication specifying the required educational qualification, experience, age, nationality and other particulars as are required. ..... bhattacharyya has submitted that under this rule, well - ahead of each academic year, the director of public instructions shall ascertain from various institutions concerned probable vacancies that are likely to arise during the year for the posts of principals, professors and lecturers and advertise such vacancies in, at least, two newspapers and also in the assam gazette and rule 4(iv) shows that the governing body can appoint a candidate from the select list with prior approval of the director of public instructions. ..... at the commencement of every academic year, the director of higher education will ascertain the number of existing and probable vacancies for the posts mentioned in sub-rule (1) of rule 3 for the current and the next year and will notify vacancies to the selection board by not later than september every year. .....

Dipak Chandra Ruhidas Vs. Chandan Kumar Sarkar

Court : Guwahati

..... paragraph 23 speaks that caste certificate issued on 15.1.1983, 28.12.1988 and 31.3.1990 issued by the chief councilor, extra assistant commissioner and the district magistrate respectively are not genuine certificates as those officers were not empowered to issue such certificate on the relevant date inasmuch as a deputy commissioner of a concerned district was only empowered to issue such certificate with effect from 15.5.1991 when the assam scheduled castes and scheduled tribes (reservation of vacancies in service and posts) (amendment) rules, 1991 came into force. ..... 35 abhayapuri south (sc) lac after declaring the election as void on the ground of improper acceptance of the nomination paper of the respondent which has materially affected the result of the election ;(b) to declare the respondent as not being a member of schedule caste community (namasudra) and to declare all castes certificate in favour of the respondent showing him to be a member of the scheduled caste community as null and void, illegal and inoperative ;(c) to direct the competent authority under section 8a of the representation of people act, 1951 to submit to the president of india the findings of this hon'ble court for .....

Smt. Rashmi M S Vs. State Of Karnataka

Court : Karnataka

..... 06-06-2005, clarifies that the posts of professor, associate profess and also in the case of assistant professor, posts in the government medical colleges/medical colleges working under the institutions registered under societies registration act, while filing the said posts through direct recruitment without carrying the subject-wise, group the respective cadre wise to be considered as professor cadre, 26 associate professor and assistant professor cadre by clubbing the posts the direct reservation roster as specified under the previous government order also the prevailing horizontal reservation duly applying the ..... 157, 168 and 159 of the brochure on reservation for scheduled castes and scheduled tribes and other categories of backward classes in services and posts cannot apply because such a roster can be operated in respect of a cadre which consists of at least six posts so that one ..... karnataka and others (w.p.no.41440 of2017decided on25h october2018 and would submit that the issue is covered by the judgment of the apex court and the judgment of the co-ordinate bench that clubbing of vacancies of different subjects is a permissible method of selection and reserving even a single post in favour of candidates belonging to scheduled castes and 8 scheduled tribes is accepted by the apex court and this ..... referred to as the college for short), an aided educational institution calling for applications from candidates belonging to scheduled castes (women) in the subject - mathematics .....

Nipen Das and anr. Vs. State of Assam and ors.

Court : Guwahati

..... -dikrong, lakhimpur, assam (in short called 'college') and also for a direction to the respondents to consider the petitioner to the post of lecturer in history in the said 'college' as per provisions of the assam scheduled caste and scheduled tribes (reservation of vacancies in services and posts) act, 1978 (here-in-after referred to as 'act' 1978).2. in w.p.(c) no. ..... ) this court has observed that the provisions of 'act-1978 and assam scheduled castes and scheduled tribes (reservation of vacancies in services and posts) rules, 1983 (here-in-after called as the 'rules, 1983') are to be observed by the state and its authorities as they are duty bound to observe reservation policy in making appointments by way of direct recruitment for filling up the reserved posts of scheduled tribes (hills) and scheduled tribes (plain). ..... if in the second advertisement also scheduled castes, scheduled tribes (hills) and scheduled tribes (plains) are not available for the appointment to fill up all the reserved vacancies, the appointing authority with the prior concurrence of the concerned department for the welfare of plains tribes and backward classes shall issue order deserving the vacancies giving due explanation for such de-reservation, if it is considers that the reserved vacancies cannot be left unfilled in the public interest. ..... 1743 of 2005, the petitioner has prayed for quashing the selection and appointment of respondent no. ..... 1743 of 2005 is dismissed. ..... 1743 of 2005, petitioner smti. .....

Balbir Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1975P& H83

..... i am quite certain in my mind that the petitioner himself would feel frustrated, one of the proper ways of observing the instructions in the matter of reservation of vacancies and posts is that the first vacancy should be allowed to be occupied by a member of a scheduled caste as and when it arises till such a member is finally absorbed in the higher rank. ..... speaker had no power to reserve any post for scheduled castes or to review the conditions of service of the employees working in the vidhan sabha secretariat;(3) that since there were only two posts of deputy superintendents in the vidhan sabha secretariat, the reservation of the first, sixth and the eleventh posts for the scheduled castes amounted to reservation of 50% of posts in their favour which was violative of article 16(1) of the constitution; and(4) that the order dated november 14, 1973, itself suffers from irreconcilable contradictions. ..... it is urged that this has affected their chances of promotion which were protected under the proviso to section 115(7) of the act, which lays down that the conditions of service applicable immediately before the appointed day to the case of any person allotted to the new state shall not be varied to his disadvantage except with the previous approval of the central government. ..... it is settled law that the government can act under article 162 of the constitution even in the absence of rules in matters relating to the service of its employees. .....

Vijay Kumar Singh and ors. Vs. State of Bihar and ors. and Union of In ...

Court : Patna

..... in the bihar reservation of vacancies in posts and services (for scheduled castes, scheduled tribes and other backward classes) act, 1992, originally 12% reservation was made in favour of extremely backward class citizens, when 8% reservation was made for backward class citizens and 3% for economically backward women. ..... 2005 (4) jcr (hc) 1, held in no uncertain terms that reservation in favour of scheduled caste and scheduled tribe communities is a mandate of article 243d and any law made contrary thereto is unsustainable, but while rendering the judgment in krishna kumar mishra without looking into such mandatory provisions of article 243d, which was inserted in the constitution after the judgment in janardhan paswan was rendered, proceeded to hold that in view of the judgment rendered in janardhan pas-wan single posts of mukhiya, pramukh and adhyakash cannot be reserved. ..... it was submitted that the learned judge, who played a pivotal role in rendering the judgment in krishna kumar mishra, while sitting in a division bench of the jharkhand high court on 2nd september, 2005 in dhananjay mahto v. ..... admittedly, after 29th december, 2005, the legislature reassembled on 27th february, 2006. ..... on 27th february, 2006, the state legislative assembly reassembled after 29th december, 2005, when it neither approved nor disapproved the ordinance.16. .....

K. Kumardhan Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... this would also be evident from the preamble of the impugned assam act which is to the following effect : 'whereas it is expedient to provide for the constitution of a commission for backward classes other than the scheduled castes and scheduled tribes to streamline and rationalise the procedure for inclusion or over-inclusion of any class or classes of citizens in the list of backward classes including more other backward classes to provide reservation of vacancies in services and posts for the members of socially and economically backward sections of the society and for matters connected therewith or incidental thereto. ..... ' the preamble of the impugned assam act would show that the object of the said assam act is to provide reservation of vacancies in services and posts for the members of so-cially and economically backward sections of the society and for matters connected therewith and incidental thereto. ..... but this does not mean that only a commission appointed by the president under article 340 of the constitution can examine the complaints of wrong inclusion or non-inclusion of groups, classes and sections in the lists of backward classes of citizens for the purpose of providing reservation of vacancies in services and posts under the state. .....