Other Backward Classes - Law Dictionary Search Results
Home Dictionary Name: other backward classesOther Backward classes
Other Backward classes, means any socially and educationally Backward Classes of citizens as declared by the Government and includes other Backward classes declared by the Government of India in relation of the State of Maharashtra, Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001, s. 2(g)....
Backward classes
Backward classes, It is necessary to satisfy two conditions to attract clause (4) of Article 16, namely,(i) a class of citizens is backward, i.e., socially and educationally, in the sense explained in Balaji's case ([1963] Supp 1 SCR 439); and(ii) the said class is not adequately represented in the services under the State. It is held in Balaji's case that backwardness under Article 15(4) must be social and political and that social backwardness was in the ultimate analysis the result of poverty to a very large extent, Triloki Nath Tikku v. State of Jammu & Kashmir, AIR 1967 SC 1283: (1967) 2 SCR 265. [Constitution of India, Art. 16(4)]Backward classes, means socially and educationally backward classes within the territory of India, Constitution of India, Article 340.Backward classes, are classes slow in development, Webster Dictionary of Law, p. 108.Backward classes means such backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes, as may be specified by...
Special Backward Category
Special Backward Category, means socially and educationally backward classes of citizens declared as a Special Backward Category by the Govern-ment. [Maharashtra State Public Services (Reserva-tion for Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001, s. 2(m)]...
Backward class of citizens
Backward class of citizens, the expression 'backward class of citizens' in Article 16(4) means the same thing as the expression 'any socially and educationally backward class of citizens' in Article 16(4). In order to qualify for being called a 'backward class citizen' he must be a member of a socially and educationally backward class. It is social and educational backwardness of a class which is material for the purposes of both Articles 15(4) and 16(4), Janki Prasad Parimoo v. State of Jammu & Kashmir, (1973) 1 SCC 420 (433): AIR 1973 SC 930: (1973) 3 SCR 236....
Socially and educationally backward classes
Socially and educationally backward classes, the expression 'socially and educationally backward classes' in Article 15(4) was explained in Balaji's case, AIR 1963 SC 649 to be comparable to Scheduled Castes and Scheduled Tribes. The reason is that the Scheduled Castes and Scheduled Tribes illustrated social and educational backwardness. It is difficult to define the expression 'socially and educationally backward classes of citizens'. The traditional unchanging occupations of citizens may contribute to social and educational backwardness. The place of habitation and its environment is also a determining factor in judging the social and educational backwardness, State of Uttar Pradesh v. Pradip Tandon, AIR 1975 SC 563 (567): (1975) 1SCC 267: (1975) 2 SCR 761...
Reservation
Reservation, a keeping aside or providing. See SACRAMENT. Reservation of the Sacrament is an offence punishable by deprivation, Oxrofd (Bishop) v. Henly, 1909 P. 319.As to a reservation in a conveyance and how it differs from an exception, see title EXCEPTION.Reservation is not a constitutional compulsion but is discretionary according to the ruling of this Court in Rajendran's case. State of Kerala v. N.M. Thomas, AIR 1976 SC 490: (1976) 2 SCC 310: (1976) 1 SCR 906.'Reservation' was something different from the 'selection' of permissible area. The two terms were not only not synonymous but were mutually exclusive. 'Selection' of permissible area was allowed only to a landlord who had not exercised his right of 'reservation', Lajpat Rai v. State of Punjab, AIR 1981 SC 1401: (1981) 3 SCC 94: (1981) 3 SCR 590.The creation of a new right or interest, by and for the grantor, in real property being granted to another, Black's Law Dictionary, 7th Edn., p. 1309.Mans the reservation of post in...
Scheduled castes and scheduled tribes
Scheduled castes and scheduled tribes, it is an accepted fact that members of the Scheduled Castes and Tribes are by the large backward in comparison with other communities in the country. This is the result of historical cause, T. Devadasan v. Union of India, AIR 1964 SC 179: (1964) 4 SCR 680.(ii) Scheduled castes and scheduled tribes are not a caste within the ordinary meaning of caste. Scheduled Castes and tribes are descriptive of backwardness. It is the aim of our Constitution to bring them up from handicapped position to improvement. No Court can come to a finding that any cast or any tribe is a Scheduled Caste or Scheduled tribes. Scheduled Caste is a caste as notified under Article 366(25), State of Kerala v. N.M. Thomas, AIR 1976 SC 490: (1976) 2 SCC 310: (1976) 1 SCR 906.Scheduled Castes and Scheduled Tribes, shall have the meanings respectively assigned to them in the clauses (24) and (25) of Art. 366 of the Constitution of India; Maharashtra State Public Services (Reservati...
Public services and posts
Public services and posts, means the services and posts in connection with the affairs of the State and includes services and posts in-(i) a local authority; (ii) a co-operative society established under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), in which Government is a shareholder; (iii) a Board or a corporation on a statutory body established by or under a Central or a State Act, which is owned and controlled by the Government, or a Government Company as defined in s. 617 of the Companies Act, 1956 (1 of 1956); (iv) an educational institution owned and controlled by the Government, which receives grant-in-aid from the Government including a University established by or under a Maharashtra Act; (v) any establishment; and (vi) respect of which reservation was applicable by government orders on the date of commencement of this Act and which are not covered under sub-clauses (i) and (v), The Maharashtra State Public Services (Reservation for Scheduled Castes, ...
Recruitment year
Recruitment year, means the English calendar year during which the recruitment is actually made, Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backward Categories and Other Backward Classes) Act, 2001, s. 2(j).Means the year in which recruitment is actually made, S. Rajendran v. Union of India, (1998) 3 SCC 620.The recruitment year is the year in which recruit-ment takes place, but not each three successive years in which the vacancy exists, Harish Chandra Ram v. Mukh Ram Dubey, 1994 Supp (2) SCC 490 (492)....
Nomadic Tribes
Nomadic Tribes, means the Tribes wandering from place to place in search of their livelihood as declared by Government from time to time; The Maharashtra State Public Services (Reservation for Schedule Castes, Schedule Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backword Category and Other Backward Classes) Act, 2001, s. 2(f)....
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