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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must be considered to having been drawn on the basis of a false caste certificate; such benefits are required to be withdrawn.
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).
“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.”
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.
“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.”
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.
“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, 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.
Reservation, Concession, Exemption, Relaxation and Affirmative Action — Caste/Tribe Certificate: Matters to be considered while determining whether cancellation of caste certification is
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.
The relationship between the government and the Law Officer is purely a professional relationship and not that of a master and servant
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 directed the State Government to undertake an exercise for admission of the children in reputed schools in the vicinity of the homes.
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.
On 28-9-2023, the Ministry of Law and Justice notified the Constitution (One Hundred and Sixth Amendment) Act, 2023 to further amend the Constitution of India.
Today is a “historic moment for women empowerment” says Prime Minister.
The instant matter involved a dispute over the preparation of a merit list for government posts in West Bengal, with a focus on the treatment of candidates from reserved categories who had availed age and fee relaxations.
Constitution of India — Arts. 14, 15 and 16 — Reservation — Sub-classification: T.N. Special Reservation of Seats in Educational Institutions including
The Court in an extraordinary measure, also issued directions regarding vacancies pertaining to the Assistant Engineers posts