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1 - 8 of 8 (0.27 seconds)Article 16 in Constitution of India [Constitution]
Article 341 in Constitution of India [Constitution]
State Of U.P. & Others vs Shiv Kumar Bhardwaj on 4 February, 2010
In view of the later judgments in Vijay Prakash (Supra) and in Shiv Kumar Bhardwaj (Supra), we have no hesitation in holding that the judgments dated 14.7.2004 in Bhaiya Lal & Anr. Vs. Special Secretary, Department of Education & Ors., Writ Petition No.25142 of 2004 as well as the order on review petition dated 20.3.2009 the opinion expressed is not legally correct. The opinion was rendered in ignorance of the law declared in the aforesaid Division Benches.
Article 342 in Constitution of India [Constitution]
Ram Ganesh Tripathi & Ors vs State Of U.P. & Ors on 17 December, 1996
More so, there could be no justification for any authority to declare a particular candidate belonging to Scheduled Tribes for the purpose of admission in educational institution and O.B.C. for service purpose. Such a circular order being outside the scope of the competence of the State is liable to be ignored or quashed suo motu by the Court as observed by the Hon'ble Supreme Court in Ram Ganesh Tripathi & Ors. Vs State of U.P. & Ors., AIR 1997 SC 1446. More so the copy of the impugned order dated 23.12.2004 is not a part of the record, nor we are in a position to look into it as to whether it is conferring the benefits to the candidates belonging to Rajbhar community or to the communities which stood de-notified. More so, the quota reserved for Scheduled Tribes cannot be reduced giving benefit to the candidates not belonging to that category.
State Of Maharashtra & Ors vs Mana Adim Jamat Mandal on 8 March, 2006
The Court held relying upon State of Maharashtra & Ors. Vs. Mana Adim Jamat Mandal, (2006) 4 SCC 98 and Vijay Prakash Vs. State of U.P. & Ors. (Supra) reported in 2005 All LJ 1697 and Tara Prasad Misra Vs. State of U.P. & Ors., (1990) 2 UPLBEC 905 that the State Government does not possess any power to declare any particular tribe as Scheduled Tribe and that being beyond the competence of the State Government no writ can be issued for its enforcement.
Sarish Chandra Choudhary vs State Of Tripura And Ors. on 21 April, 1987
He relies upon Sarish Chandra Chaudhary Vs. State of Tripura & Ors., AIR 1987 SC 1601 in support of his submissions.
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