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1 - 10 of 14 (0.20 seconds)Article 342 in Constitution of India [Constitution]
Article 366 in Constitution of India [Constitution]
Mrs. Valsamma Paul vs Cochin University And Others on 4 January, 1996
In Mrs. Valsamma Paul vs. Cochin University Ors. (JT
1996 (1) SC 57), a Bench to which two of us (K, Ramaswamy
and B.L. Hansaria, JJ.) were members have surveyed the
retrograde attempts successively made by different
communities in the country to wear the mask of status either
of Scheduled Castes or Scheduled Tribes to secure
constitutional benefits of reservations and other economic
empowerments, intended for the Scheduled Castes and
Scheduled Tribes meant for the latter to accord their
economic, social and cultural advancement. In Andhra Pradesh
High Court decisions noted in the judgment of the Bench,
Jangama, backward class sought to be recognised as Scheduled
Caste. Equally Holva tried to be Holuva, i.e., from O.B.C.
to ST. Those attempts were judicially negated. This case is
yet another instance, where Other Backward Class mass seeks
to get the status of the Scheduled Tribe. It is a retrograde
step to corner the benefits intended for Scheduled Tribes.
Article 226 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
B. Basavalingappa vs D. Munichinnappa on 23 September, 1964
The same view was
reiterated in B. Basavalinqappa vs. D. Munichinnappa [(1965)
1 SCR 316].
Article 346 in Constitution of India [Constitution]
Article 347 in Constitution of India [Constitution]
Srish Kumar Choudhury vs State Of Tripura And Ors on 23 February, 1990
In Srish Kumar Choudhury vs. State of Tripura & Ors. [1990
Supp. SCC 220] a Bench of 3 learned judges was called upon
to consider whether Laskar community in State of Tripura is
a Scheduled Tribe. In a representative petition under
Article 226, they sought declaration that earlier to the Act
and the Order, they were recognised as Scheduled Tribes by
rulers of Tripura State and that they were
Tripura/Tripuri/Trippera Laskar and that, therefore, they
were entitled to the status as Scheduled Tribes. The High
Court dismissed the writ petition. On appeal, this Court
held that though evidence may be admissible to verify the
entries in the Presidential Order to find a caste/tribe
included in a particular tribe or caste, tribal communities,
the admissibility of the evidence is confined within the
limitations enacted in the order. It is not, however, open
to the Court to make any addition or subtraction from the
Presidential Order. Laskars, therefore, as a community
cannot be included as Scheduled Tribes.