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1 - 10 of 22 (0.03 seconds)Article 16 in Constitution of India [Constitution]
The National Commission For Backward Classes Act, 1993
Article 226 in Constitution of India [Constitution]
Section 9 in The National Commission For Backward Classes Act, 1993 [Entire Act]
Kottukaalkonam Hindu Nadar vs State Of Kerala on 19 April, 2014
25. On the other hand, learned counsel appearing for respondents 3
& 4 submitted that, the issue with respect to reservation was considered
by a Division Bench of this Court in Hindu Nadar Corporation v. State
of Kerala [2000(3) KLT 740] and held as follows in paragraphs 32 & 33;
State Of Kerala & Anr vs N. M. Thomas & Ors on 19 September, 1975
In State of Kerala v. N.M.Thomas [(1976) 2 SCC 310], this
question was considered in a different angle and held thus in paragraph
44:
Akhil Bharatiya Soshit Karamchari ... vs Union Of India And Ors on 14 November, 1980
In Akhil Bharatiya Soshit Karamchari Sang (Railway) v.
Union of India and others [(1981)1 SCC 246], a different concept and
dimension is rendered to Article 16(4). Paragraph 125 of the judgment reads
thus:
Indra Sawhney Etc. Etc vs Union Of India And Others, Etc. Etc. on 16 November, 1992
38. Most importantly in Indra Sawhney v. Union of India [1992
Supp (3) SCC 217], the issue was discussed elaborately by a nine member
constitution bench and it was on the basis of the directions in the
judgment that the Act, 1993 was constituted. Paragraphs 794 to 797 &
799 are relevant, read thus:
Indra Sawhney & Ors vs Union Of India & Ors on 8 August, 1991
39. Moreover, the 5th respondent in its counter affidavit has stated
that, on the basis of the petition filed by Hindu Samvarana Samrakshana
Samithi for exclusion of SIUC from the State OBC list, it is being enquired
into by the Commission. It is pointed out that, the Commission is
entertaining, examining and recommending upon the requests for inclusion
and complaints of over-inclusion and under-inclusion in the list of OBCs as
directed by the Apex Court in the judgment in Indira Sawhney and
others v. Union of India & others [(1992)Supp. 3 SCC 217]. So also it
is submitted that, the petition filed by Hindu Samvarana Samrakshana
Samithi regarding removal of SIUC Nadars from the OBC reservation list is
being studied by the Commission, and Commission will make appropriate
recommendation on the above petition in accordance with Act, 1993.
Therefore, in our considered opinion, the subject issue raised by the
petitioners in this writ petition is under the consideration of Backward
Commission, which is the authority to enquire into said aspects in
accordance with Section 9 of Act, 1993. Therefore, we do not think, there
is any force in the contention advanced by the learned senior counsel for
petitioners in that regard, at this point of time.