genus, and Article
16 (1) , the species thereof, provide for protective
discrimination in favour of the Dalit and Tribe. Appointment
by promotion to a post ... Article 16(4) and 4(a) read with
the Directive Principles, protective discrimination has
poured forth practical content, softened the rigour of legal
equality
protected under Articles 15(3) and 15(4) of the Constitution of India inasmuch as the same is not in the realm of protective discrimination ... special provisions for women, Scheduled Castes and Scheduled Tribes and permit protective discrimination, but the said provisions have to stand the test of reasonability
provisions
carved out in section 18A . There can be protective discrimination, not
reverse one. We have dealt with various questions in the review
petitions while ... Scheduled Castes and Scheduled Tribes have suffered for long; the
protective discrimination has been envisaged under Article 15 of the
Constitution of India
concept. It takes within its sweep
every process of equalisation and
protective discrimination. Equality
must not remain mere idle
incantation but it must become ... bridge the gap between
inequality in results and equality in fact, protective
discrimination provides equality of opportunity. Those who
are unequal cannot be treated
Union Of India vs The State Of Maharashtra on 1 October, 2019
Equivalent citations: AIR
that birth by itself is not a determinative factor for claiming protective discrimination given to the backward classes. Environmental and social disabilities are also relevant ... false social status certificates, they are not eligible to avail of protective discrimination for appointment to any office or to a post under the State
among others)
of sex. This was envisaged as a method of protective
discrimination. This same protective discrimination was
extended by Article 15(4) to (among ... operation
of these Articles, an array of programmes of compensatory or
protective discrimination have been pursued by the various
States and the Union Government. Marc
India and clause (4) of Article
15 thereof.
(iv) Doctrine of protective discrimination envisaged in Article 16
would bring within its ambit all such people
among others) of sex. This was envisaged as a method of protective discrimination. This same protective discrimination was extended by Article 15(4) to (among ... operation of these Articles, an array of programmes of compensatory or protective discrimination have been pursued by the various States and the Union Government. Marc
that birth by itself is not a determinative factor for claiming
protective discrimination given to the backward classes. Environmental and
social disabilities are also relevant ... false social status certificates, they are not eligible to
avail of protective discrimination for appointment to any office or to a
post under the State
