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1 - 10 of 14 (3.76 seconds)Article 46 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Article 142 in Constitution of India [Constitution]
Article 141 in Constitution of India [Constitution]
Ashok Kumar Gupta , Vidya Sagar Gupta & ... vs State Of U.P. & Ors on 21 March, 1997
12. The question considered in Ashok Kumar Gupta v. State of U. P. (supra) was that die direction to operate the scheme of reservation in promotion for five years is inconsistent with and in derogation of the substantive right to equality guaranteed under Articles 14 and 16(1).
National Federation Of S.B.I. & Ors. Etc vs Union Of India And Ors on 10 March, 1995
17. The decision in Nation Federation of SBI & Others v. Union of India (supra) specifically over rules the decision in Bihar State Harijan Kalyan Parishad case(supra) and the Syndicate Bank Scheduled Castev Scheduled Tribes Employee Association case (supra). In the concluding portion, the Supreme Court has observed in paras 30 & 31 as follows :"
The Meghalaya Co-operative Societies Act
Indra Sawhney Etc. Etc vs Union Of India And Others, Etc. Etc. on 16 November, 1992
In Indra Sawheny's case(supra) also, this Court reiterated that riot to equality under Articles 16(1) is equally applicable to the Scheduled Castes and Scheduled Tribes and Article 16(4) is not an exception. Reservation is part of the scheme of equality under Article 16(1). Article 16(4A) would establish that the interpretation put UD in Rangachari's, no and Karamchari Sangh s (supra) cases received parliamentary approval. It would thus be clear that as a principle of law, rule of reservation can apply not only to initial recruitment but also in promotions where the State is of the opinion that Scheduled Castes and Scheduled Tribes are not adequately represented in promotional posts in class or classes of service under the State. It is seen that Rule 22 of the general Rules provides reservation for appointment By direct recruitment. By Constitutional parameters and interpretation of law by this Court, reservation under Articles 141, 16(1) and 16(4) would include reservation in promotion as well."
Syndicate Bank Scheduled Castes And ... vs Union Of India (Uoi), Through Its ... on 10 August, 1990
A review petition was moved by the respondents in the said writ petition relying particularly upon the words "there is no reservation " occurring in Para 9.2. (a) of the Brochure. Reliance was also placed by the respondents on a decision of the Supreme Court in All India Bank of Baroda Scheduled Castes and Scheduled Tribes Employees Association v. Union ofindia & Others W.P. No. 1594/87 decided on August 18, 1988 in which it was held that promotions by selection within Class I to be effected on the basis of selection, shall he effected in accordance with the rules contained in para 9.2 of the Brochure. The review petition was dismissed holding that the decision dated August 10, 1990 was based upon the material placed before them. It was also observed that the failure of the parties to bring a particular fact to the notice of the Court furnishes no ground for review.