Search Results Page

Search Results

1 - 10 of 11 (0.67 seconds)
The Bihar Staff Selection Commission vs Shashi Bhushan Yadav on 7 November, 2022 cites

Ram Kumar Gijroya vs Delhi Sub. Services Selection Bd. & Anr on 24 February, 2016

Patna High Court L.P.A No.1311 of 2019 dt.07-11-2022 13/15 "7. The decision relied upon by learned counsel for the appellant in the case of Ram Kumar Gijroya (supra) has no application to the facts and circumstances of the present case inasmuch as the petitioner before the Hon"ble Supreme Court had submitted his caste certificate, though after the cut-off date. In the present case, it has not even been averred that the certificate relating to not belonging to the Creamy Layer in terms of the relevant provisions, issued within one year, was produced by the appellant before the authorities. Moreover, the reasoning given by the Hon'ble Supreme Court is in relation to the person belonging to a particular caste which fact, obviously, cannot change, as it is dependent upon his birth, whereas in the present case, the fact of not coming under the Creamy Layer is subject to change with the efflux of time as income does vary and the stipulation for submitting certificate relating to income, being issued within one year, is reasonable and justified".
Supreme Court of India Cites 15 - Cited by 216 - V G Gowda - Full Document

Indra Sawhney Etc. Etc vs Union Of India And Others, Etc. Etc. on 16 November, 1992

"... firstly, that there shall be equality of opportunity, secondly that there shall be reservations in favour of certain communities which have not so far had a 'proper look-in' so to say into the administration.... Supposing, for instance, we were to concede in full the demand of those communities who have not been so far employed in the public services to the fullest extent, what would really happen is, we shall be completely destroying the first proposition upon which we are all agreed, namely, that there shall be an equality of opportunity..... Therefore the seats to be reserved, if the reservation is to be consistent with sub-clause (1) of Article 10. *must be confined to a minority of seats*. It is then only that the first principle could find its place in the Constitution and effective in operation... we have to safeguard two things, namely, the principle of equality of opportunity and at the same time satisfy the demand of communities which have not had so far representation in the State,...." [Constituent Assembly Debates, Vol. 7, pp. 701-02 (1948-49).] These words embody the raison d'etre of reservation and its limitations. Reservation is one of the measures adopted by the Constitution to remedy the continuing evil effects of prior inequities stemming from discriminatory practices against various classes of people which have resulted in their social, educational and economic backwardness. Reservation is meant to be addressed to the present social, educational and economic backwardness caused by purposeful societal discrimination. To attack the continuing ill effects and perpetuation of such injustice, the Constitution permits and empowers the Patna High Court L.P.A No.1311 of 2019 dt.07-11-2022 10/15 State to adopt corrective devices even when they have discriminatory and exclusionary effects. Any such measure, insofar as one group is preferred to the exclusion of another must necessarily be narrowly tailored to the achievement of the fundamental constitutional goal' (Indra Sawhney case, SCC pp. 433-34, para 251)"
Supreme Court of India Cites 136 - Cited by 1429 - B P Reddy - Full Document
1   2 Next