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1 - 10 of 12 (0.31 seconds)Article 46 in Constitution of India [Constitution]
Article 15 in Constitution of India [Constitution]
M. R. Balaji And Others vs State Of Mysore on 28 September, 1962
Learned Counsel for the petitioners has relied on a judgment in the case of M.R. Balaji v. State of Mysore to contend that "it would be extremely unreasonable to assume that in enacting Article 15(4), the Constitution intended to provide that where the advancement of the Backward Classes or the Scheduled Castes and Tribes was concerned, the fundamental rights of the citizens constituting the rest of the society were to be completely and absoluelty ignored".
Deepak Sibal & Ors vs Punjab University And Another on 14 February, 1989
11. Learned Advocate for the petitioners Mr. Shah has relied on the judgment in the case of Deepak Sibal v. Punjab University . There also, in para 26, it is held that cent per cent reservation is invalid. There is no dispute of the fact that, and there cannot be, that Article 15(4) should mean to reserve all the seats or the majoirty of the seats in an educational institution at the cost of the rest of the society. The question, therefore, in the instant case is whether there is a reservation of 96% of seats as contended by Mr. Shah so far as seats in P.S. Medical College is concerned.
Article 19 in Constitution of India [Constitution]
Article 41 in Constitution of India [Constitution]
Article 335 in Constitution of India [Constitution]
Unnikrishnan P.J. And Ors. vs State Of A.P. And Ors. on 14 May, 1993
8. Mr. J.M. Christian has filed counter for respondent Nos. 1 and 4, wherein it is stated that the petition is not maintainable inasmuch as the Rules for admission are framed after due deliberation and proper application of mind and after considering all the relevant aspects and factors in the interest of the students and after considering the judgment of the Hon'ble Supreme Court in the case of Unnikrishnan J.P. and Ors. v. State of A.P. and Ors., It is further contended that the Rules are framed in consonance with the scheme suggested in Unnikrishnan's case and the same is implemented for P.S. Medical College, Karamsad. It is further contended that P.S. Medical College, Karamsad is a grant-in-aid institution as the State of Gujarat is giving grant to the extent of 90% of eligible recurring expenditure or the actual loss incurred by the college, or whichever is less. It is further contended that the reservation is computed against the total sanctioned in-take capacity of the 4 Government Medical Colleges in the State of Gujarat and also the Pramukh Swami Medical College, Karamsad. It is also stated that admissions are given strictly on merit-cum-preference basis on all the seats as per categorywise. So far as the payment seats in the Pramukh Swami Medical College, Karamsad, are concerned, no seats are kept for the reserved category in view of the fact that a student from the reserved category prima facie hails from the weaker section of the society and is, therefore, not in a position to pay higher payment of fees for the payment seats. It is further stated that in the event of seats being reserved for the payment seats for the reserved categories of students and in the further event of the reserved category students not availing of the said seats, in view of their not being in a position to make payment towards the same, only the less meritorious students would take benefit of such payment seats, at the cost of more meritorious students from the reserved category, who would, otherwise, be entitled to admission against the reserved quota in the free seats, had there been no reservation in payment seats.