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1 - 7 of 7 (0.19 seconds)Article 16 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Marri Chandra Shekhar Rao vs Dean, Seth G.S. Medical College And Ors on 2 May, 1990
14. The issue as to whether reservation benefits granted by a State or Union Territory by exercise of power under Clause (4) of Article 16 or notification issued under Clause (1) of Article 341 or Clause (1) of Article 342 shall be restricted to the residents of the State/Union Territory came up before the Constitution Bench of the Supreme Court in the decision reported in (1990) 3 SCC 130 (Marri Chandra Shekhar Rao v. Dean, Seth G.S.Medical College). Though the said case relates to College admission, it is held therein that reservation benefit is granted based on the residence, where the boy or child, who grows in the area where there is disadvantage bearing in mind that protection is necessary for disadvantaged castes or Tribes. It was held that candidate who possess ST certificate from Maharashtra is not entitled to get admission in the State of Andhra Pradesh as he is not a domicile from Andhra Pradesh.
Article 342 in Constitution of India [Constitution]
Article 3 in Constitution of India [Constitution]
Mr. Subhash Chandra vs Delhi Subordinate Services Selection ... on 9 July, 2009
15. The Honourable Supreme Court in the decision reported in (2009) 15 SCC 458 (Subhash Chandra v. Delhi Subordinate Services Selection Board) considered the grant of reservation in posts for which the candidate is selected viz., a person is to be selected in the State service and the State run institution including the Union Territory services and Union Territory run institutions and central institutions and institutions run by Central Government. It is held therein that in the State service and State run institution, the reservation whether for admission or appointment must confine to the members of the SC and ST as notified in the Presidential Order, issued for the State or Union Territory. In respect of All India Services, Central Civil Services or admission to an institution run and funded by the Central Government, the members of the SC and ST and other reserved category candidates, irrespective of their State for which they have been notified, are entitled to the benefits and the services in the State or Union Territory is essentially different from All India Services.
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