reservation

Supreme Court Roundup August 2024
Legal RoundUpSupreme Court Roundups

This roundup revisits the analyses of Supreme Court’s judgments/orders on Kolkata rape and murder case; Sub-classification of SC/STs; NEET UG 2024; Patanjali Misleading Ads case; Delhi excise policy scam; Mineral Rights; and more. It also covers top stories; Never reported Judgments; Cases Reported in SCC Weekly in August; Know thy Judges.

horizontal reservation
Case BriefsSupreme Court

“The appellants were deprived of their legitimate claim of admission against the UR-GS category due to an erroneous application of the methodology in applying the horizontal and vertical reservation”.

Sub-classification of SCSTs (2)
Case BriefsSupreme Court (Constitution/Larger Benches)

“State has neither executive nor legislative power to sub-classify or sub-divide or re-group the castes, races or tribes specified as the “Scheduled Castes” in the Presidential List notified under Article 341. Under the guise of providing reservation or under the pretext of taking affirmative action for the weaker of the weakest sections of the society, the State cannot vary, nor tinker the Presidential List.”

exclude creamy layer SC/ST
Case BriefsSupreme Court (Constitution/Larger Benches)

“The criteria for exclusion of the creamy layer from the SCs and STs for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”

sub-classification of SCSTs
Case BriefsSupreme Court (Constitution/Larger Benches)

“Article 341 does not create an integrated homogenous class. Sub-classification within the Scheduled Castes does not violate Article 341(2) because the castes are not per se included in or excluded from the List.”

Bombay High Court
Case BriefsHigh Courts

The Court reiterated the findings of the Supreme Court in State of Maharashtra v. Milind, (2001) 1 SCC 4, that the benefits drawn by a candidate not belonging to a scheduled tribe, must be considered to having been drawn on the basis of a false caste certificate; such benefits are required to be withdrawn.

NRI Quota in NLUS
Op EdsOP. ED.

by Dev Mittal*

Patna High Court
Case BriefsHigh Courts

The Court noted that after the collection of data for Caste survey, there was a frog leap into the amendment enhancing the reservations beyond 50%, which was on proportionate representation in the services of the State and educational institutions, which was clearly not permissible under Articles 15(4) and 16(4).

Madras High Court
Case BriefsHigh Courts

“Once gender identity is given horizontal reservation, it follows that the transgender community, being a socially and educationally backward community discriminated based on gender identity, should also be entitled to similar reservation.”

Delhi High Court
Case BriefsHigh Courts

Clause 8 under ‘Admission Terms and Conditions’ of the Indian Nursing Council (Revised) Regulations and Curriculum for B.Sc. (Nursing Program) Regulations, 2020 reserves seats only for candidates with loco-motor disabilities of 40% to 50% of the lower extremity, thereby excluding candidates with other disabilities such as Muscular Dystrophy, Dwarfism, Acid Attack Victims, Low Vision, Hearing Impairment, Speech Disability, and Intellectual Disability.

MPSS exam
Case BriefsSupreme Court

“One lapse on the part of the State is all it took to generate this litigation, impacting multitudes of job aspirants in the State of Madhya Pradesh. The lapse was the amendment of an existing service rule on 17-02-2020 which was recalled thereafter on 20-12-2021, restoring the rule to its original position, but in the interregnum that amended rule was applied to an ongoing recruitment process.”

Supreme Court
Case BriefsSupreme Court

In the previous order, Supreme Court directed for reserving some of the posts in the Executive Committee of SCBA for women members of the Bar.

Madhya Pradesh High Court
Case BriefsHigh Courts

“The language used in the instant amendment is neither ambiguous nor calls for any interpretation. The expression used in the amendment is clear and cogent.”

Justice Aniruddha Bose Retires
Know thy Judge

Justice Aniruddha Bose, who retires on 10-04-2024 after a tenure of 5 years, had served the High Courts of Calcutta and Jharkhand as a Judge and Chief Justice respectively prior to being elevated to the Supreme Court in 2019.

2024 SCC Vol. 1 Part 2
Cases ReportedSCC Weekly

Reservation, Concession, Exemption, Relaxation and Affirmative Action — Caste/Tribe Certificate: Matters to be considered while determining whether cancellation of caste certification is

sub-classification among reserved categories
Hot Off The PressNews

The 5-Judge Bench referred the matter to a 7-Judge Bench, due to immense public importance of the appeal against E.V. Chinnaiah case involving the interpretation of Articles 14, 15, 16, 338, 341, 342, and 342A of the Constitution.

madras high court
Case BriefsHigh Courts

The relationship between the government and the Law Officer is purely a professional relationship and not that of a master and servant

delhi high court
Case BriefsHigh Courts

It is unfortunate that disabled persons are being compelled to file writ petitions and are being compelled to run from pillar to post by an organization like KVS. They are not claiming any charity, and they are claiming their rights as guaranteed to them under the RPwD Act.

allahabad high court
Case BriefsHigh Courts

Allahabad High Court directed the State Government to undertake an exercise for admission of the children in reputed schools in the vicinity of the homes.

Case BriefsForeign Courts

Interpreting the Treaty of Fort Bridger, 1868, the Court stated that the parties expressly made the reserved hunting right contingent on maintaining peace and not on living on a reservation.