provides for reservation in
promotion, with consequential seniority, would result in
reverse discrimination in the percentage of representation
of the reserved category officers ... clauses within Article 16 is
not an invitation for reverse discrimination and that,
equality of opportunity cannot be overruled by affirmative
action. It is submitted
fact that any reservation or preference
shall not lead to reverse discrimination. The Constitution (Ninety-
Third) Amendment Act, 2005 and the enactment ... affirmative action, if
excessive, is bound to result in reverse discrimination which is not
permissible. According to the learned Senior Counsel, this
which Article 335 takes care and that it will cause reverse discrimination, it has been submitted by the respondents that the quantifiable data ... reserved category remains short, then there cannot be a plea of reverse discrimination, nor giving reservation in promotion in such a situation with accelerated seniority
provides for reservation in
promotion, with consequential seniority, would result in
reverse discrimination in the percentage of representation
of the reserved category officers ... clauses within Article 16 is
not an invitation for reverse discrimination and that,
equality of opportunity cannot be overruled by affirmative
action. It is submitted
fact that any reservation or preference
shall not lead to reverse discrimination. The Constitution (Ninety-
Third) Amendment Act, 2005 and the enactment ... affirmative action, if excessive, is bound to result in reverse
discrimination which is not permissible. According to the learned
Senior Counsel, this
termed as, reverse discrimination. Just as much a discrimination
against a non resident assessee is undesirable, a discrimination against the resident
assessee is also ... different tax treaties.
Learned counsel also submitted that this 'reverse discrimination', as we term it, is not
only permissible under the tax treaties
must be maintained
in such a manner that there was no reverse discrimination
against the general candidates and that any rule, circular
or order which ... Articles 14 and 16(1) so that there is no
reverse discrimination. It has also incorporated
Article 335 so that the efficiency of
administration
U.P.Power Corp.Ltd vs Rajesh Kumar & Ors on 27 April, 2012
Equivalent
administration of the country is
not harmed and there is no reverse discrimination. Promotion
is an important incident of service. It covers both
advancement between ... equality enshrined in the Constitution is to be reserved
by preventing reverse discrimination as well. The guarantee
of equality requires maintenance of original or panel
balanced by benign or reverse discrimination made in favor of the disadvantaged classes by Articles 15(3) and 16(4) , when it was realised that ... whether fortunately placed or not and would not permit benign or reverse discrimination in favor of the backward classes. The Constitution (First Amendment
