amended Article 16
(4A) by virtue of the Constitutional 85th Amendment Act 2001 reads
as follows :-
"Nothing in this article shall prevent the State ... applicable only upto 17.6.1995, the date from which the 85th
amendment introducing the phrase "with consequential seniority" in
Article
benefit of the 85th
Constitutional Amendment whereby Article 16(4A) was introduced vide
amendment of the year 2001. This amendment became subject matter of
challenge ... seventh Amendment) Act, 1995 ; the
Constitution (Eighty-first Amendment) Act, 2000 ; the
Constitution (Eighty-second Amendment) Act, 2000 and the
Constitution (Eighty-fifth Amendment
directions for consideration of their cases with
effect from 11.6.1995 when 85th amendment of the Constitution
came into operation.
2. Sarvshri Jarnail Singh, Balbir Singh ... instructions with a retrospective date i.e. from 17.6.1995 when the
85th amendment was brought into effect. He has further submitted
that even otherwise
castes to tide over the boundary fixed in Indira Sawhney.
The 85th Amendment introduced the words 'with consequential seniority' in
newly introduced Article ... India and others , (2006) 8 SCC 212 in which the 85th amendment was
challenged by anti-reservationists as being unconstitutional and violative
of the basic
petition was filed in 2002, when the constitutional
validity of the 85th Amendment of the Constitution of India was pending
adjudication before the Supreme Court ... creamy layer or extend the
reservation indefinitely."
Though the 85th Amendment has been held valid, riders have
been put with respect to the reserved
such earlier promoted Scheduled
Caste/Tribe candidate."
Even after the 85th Constitutional Amendment, the Hon'ble
Supreme Court while upholding the validity ... State to
make law to implement the 85th Constitutional Amendment. 85th
CWP. No. 3500 of 2010 -3-
Constitutional Amendment only enables the State to make
careful
consideration of the matter in the light of the 85th amendment of the
Constitution that is the end of the matter. It is submitted ... wherein the Hon'ble Supreme
Court upholding the validity of 85th amendment of the Constitution
held that in each individual case, the Court will
instructions fixing the cut-off date is based upon the 85th
amendment to the Constitution of India which was implemented ... Haryana on 16.3.2006. With the coming into force of the
85th amendment, reservation to the Scheduled Castes and Backward class
category was increased to promotional
issued
providing for accelerated promotion for reserve category
pursuant to the 85th Amendment of the Constitution. The
Government notification issued on 16.03.2006 has been
affirmed ... careful consideration
of the matter in the light of the 85th amendment. The matter
ought to rest there and it is not possible
validity of the Constitution (77th
Amendment) Act, 1995 and the Constitution (85th
Amendment) Act, 2001 , clarified the position that it
would not be necessary ... were unable to justify their action of granting the benefit
of 85th Amendment Act of 2009 vide instructions dated 16.03.2006
being contrary to the judgment
