Article 335 in Constitution of India
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts
The claims of the members ... with the affairs of the Union or of a State: [ In Article 335 of the Constitution, the following proviso shall be inserted
article 16 may be made or as respects the manner in which effect may be given to the provisions of article 335 . (5) All regulations
equality of opportunity [ Article 16(1)] , anti-
discrimination [ Article 16(2)] , special classification
[ Article 16(3)] , affirmative action [ Article 16(4)] which
does not obliterate ... matter of reservation under Article 16(4) as well as Article
16(4A) come in the form of Article 335 of the
Constitution.
Merit
fulfil the
stipulations contained in clauses (4A) and (4B) of Article 16
and Article 335 of the Constitution and as interpreted vide
judicial pronouncement ... constitutional provisions contained in clause (4A) and (4B)
of Article 16 and Article 335 of the Constitution and the law
predicated in M. Nagaraj (supra
engrafted under Articles 16(4A) and 16(4B) and the facet of relaxation
grafted by way of a proviso to Article 335 of the Constitution ... consistent with the
requirement or the spirit of Article 16(4) or Article 335 of the
Constitution.”
19. In Jagdish Lal and others v. State
matter of reservation under Article 16(4) as well as Article 16(4-A)
come in the form of Article 335 of the Constitution ... reservation
without keeping in mind the parameters in Article 16(4) and Article 335 ,
then this Court will certainly set aside and strike down such
promotion were not permissible under article 16(4) of the Constitution in view of the command contained in article 335 of the Constitution. The Apex ... relaxations as being not permissible under article 16(4) in view of the command contained in article 335 of the Constitution. In order to implement
matter of reservation under Article 16(4) as well as Article 16(4-A) come in the form of Article 335 of the Constitution ... matter of reservation under Article 16(4) as well as Article 16(4-A) come in the form of Article 335 of the Constitution
special justification. Equality
in Article 16 (1) is individual -specific whereas reservation in
Article 16 (4) and Article 16 (4-A) is enabling. The discretion ... reservation without keeping in mind the parameters in Article
16 (4) and Article 335 , then this Court will certainly set aside
and strike down such
resolving the present controversy. While enacting policy under Article 16(4) , requirements of Article 335 had to be kept in view by the State ... promotion. Moreover, Article 16(4) is an exception to Article 16(2) also.
Pathak, J. in his turn laid emphasis on Article 335 for judging
