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Scheduled castes and scheduled tribes

This tag is associated with 11 posts

Service matter – Caste certificate – Schedule Tribe Halba – the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short, ‘2000 Act’) – Termination of service – Tribunal reinstated as they shall not get any benefit of reservation after 28.11.2000 as per Act but not retrospective – single judged confirmed the same – D.B bench negatived the same basing on Dattatreya 3 bench judge of Apex court – Apex court held that since Dattatreya not overruled the number of judgments of two benches of Apex court who order for reinstatement when there was no fraud on the employee in getting job on reservation and obtaining caste certificate – and as the Dattaterya case was based only on the fraud played by employee in obtaining caste certificate – Apex court set aside the D.B. bench high court judgment and order for reinstatement with a clause that she will not get any promotions on the base of reservation as mentioned in Maharashtra Act 2000 = Shalini …..Appellant Versus New English High Sch. Assn. & Ors. …..Respondents = published in judis.nic.in/supremecourt/filename=41077

Service matter – Caste certificate – Schedule Tribe Halba –   the Maharashtra Scheduled Castes, Scheduled  Tribes, De-notified  Tribes,  (Vimukta  Jatis)  Nomadic  Tribes,   Other   Backward Classes and Special Backward  Category  (Regulation  of Issuance and Verification of) Caste Certificate Act,  2000  (for short, ‘2000 Act’) – Termination of service – Tribunal reinstated as they shall not get any benefit … Continue reading

MAHARASHTRA SCHEDULED CASTES, SCHEDULED TRIBES, DE-NOTIFIED TRIBES, (VIMUKTA JATIS), NOMADIC TRIBES, OTHER BACKWARD CATEGORY (REGULATION OF ISSUANCE AND VERIFICATION OF) CASTE CERTIFICATE ACT, 2000: = a third party can not challenge caste certificate issued and approved long back itself to wreck his vengeance = Ayaaubkhan Noorkhan Pathan … Appellant Versus The State of Maharashtra & Ors. … Respondents = published in http://judis.nic.in/supremecourt/helddis.aspx

MAHARASHTRA SCHEDULED CASTES, SCHEDULED TRIBES, DE-NOTIFIED TRIBES, (VIMUKTA JATIS), NOMADIC TRIBES, OTHER BACKWARD CATEGORY (REGULATION OF ISSUANCE AND VERIFICATION OF) CASTE CERTIFICATE ACT, 2000: Caste certificate – Appellant given employment on the basis of a caste certificate showing that he belonged to Bhil Tadvi (Scheduled Tribe) – Validity certificate issued by Caste Scrutinity Committee – … Continue reading

Constitution of India 1950, Articles 14 to 17 and 341 & Constitution (Scheduled Castes) Order 1950, Para 3. Persons belonging to Schedule Caste – Conversion to Christianity Disentitlement to benefit of constitutional provisions relating to Schedule Castes – Whether legal, valid and constitutional.= PETITIONER: SOOSAI ETC. Vs. RESPONDENT: UNION OF INDIA AND OTHERS = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=9179

ACT: Constitution of India 1950, Articles 14 to 17 and 341 & Constitution (Scheduled Castes) Order 1950, Para 3. Persons belonging to Schedule  Caste –  Conversion  to Christianity Disentitlement  to  benefit  of  constitutional provisions relating  to Schedule  Castes  –  Whether  legal, valid and constitutional. HEADNOTE: The Government  of  India set  up  a  special  Central Assistance … Continue reading

ACT: Hindu Law-Hindu embracing another religion-whether retains original cast. On reconversion to Hinduism-Whether performance of any particular ceremony or expiatory rites necessary. Representation of the people Act.-Parliamentary election-Constituency reserved for scheduled castes-Whether a Hindu Adi Dravida (scheduled cast) on reconversion to Hinduism belongs to scheduled castes. HEADNOTE: The first respondent was elected to the Lok Sabha from a constituency which was reserved for the Scheduled Castes, The appellant challenged the election of the first respondent on the ground that he was not a member of the Scheduled Castes. The election Tribunal found that the first respondent belonged to the Scheduled Caste and upheld the election. Hence this appeal. The appellant urged that the parents and the sisters of the respondent were shown to be Christians and the respondent was born a Christian and there was no way he could acquire a caste and become an Adi Dravida on conversion to Hinduism. Dismissing the appeal. ^ HELD: At all relevant time, the first respondent was a Hindu Adi Dravida and professed no religion other than Hinduism. The precedents particularly those from South India, clearly establish that no particular ceremony is prescribed for reconversion to Hinduism of a person who had earlier embraced another religion. Unless the practice of the Caste makes it necessary no expiatory rites need be performed and, ordinarily, he regains this caste unless the community does not accept him. In fact, it may not be accurate to say that he regains his caste, it may be more accurate to say that he never lost his caste in the first instance when he embraced another religion. The practice of caste however irrational it may appear to our reason and however repugnant it may appear to our moral and social sense, is so deeprooted in the Indian people that its mark does not seem to disappear on conversion to a different religion. If it disappears, it disappears only to re 974 appear on reconversion. The mark of caste does not seem to really disappear even after some generations after conversion. [981A-C] Administrator-General of Madras v. Anandachari & Ors. ILR 9 MADRAS 466, Muthusami Mudalia & Anr. v. Masilamani & Ors. ILR 33 MADRAS 342, Gurusami Nadar v. Irulappa Konar, 67 MADRAS LAW JOURNAL 399, Ramayya v. Mrs. Josephine Elizabeth, AIR 1937 MAD 172, Goona Durgaprasad Rao v. Sudarsanaswami, ILR 1940 MAD 653, Rajgopal v. Armugon & Ors. [1969] I SCR 254, Rajgopal v. Armugam [1969] I SCR 254, Perumal Nadar v; Ponnuswami [1971] I SCR 49, Vermani v. Vermani AIR 1943 LAHORE 51 and Chatturbhuj Vithaldas Jasani v. Moreshwer Parashram & Ors.[1954] SCR 817, referred to.= PETITIONER: S. ANBALAGAN Vs. RESPONDENT: B. DEVARAJAN & ORS.= published in http://judis.nic.in/supremecourt/imgst.aspx?filename=9653

ACT: Hindu  Law-Hindu embracing  another  religion-whether retains original  cast. On  reconversion to Hinduism-Whether performance of any particular ceremony or  expiatory rites necessary. Representation   of   the  people   Act.-Parliamentary election-Constituency reserved for scheduled castes-Whether a Hindu  Adi Dravida  (scheduled cast) on  reconversion  to Hinduism belongs to scheduled castes.       HEADNOTE: The first respondent … Continue reading

Whether she cannot take benefit of reservation in the State of Uttarakhand because she is a Scheduled Caste (Valmiki of Punjab). =She was provisionally selected but her candidature was cancelled by the Commission vide Office Memorandum dated 4.10.2005 on the ground that she cannot take benefit of reservation in the State of Uttarakhand because she is a Scheduled Caste (Valmiki of Punjab).- The Division Bench held that after migration from Punjab, the appellant cannot be treated as a member of Scheduled Caste in the State of Uttarakhand and she is not entitled to be appointed against the post reserved for Scheduled Caste.= Whether Presidential Order issued under Article 341(1) or Article 342(1) of the Constitution has any bearing on the State’s action in making provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State? – whether a person like the appellant, who is a Scheduled Caste in the State where she was born will not be entitled to the benefit of reservation after marriage in the State where her husband is living despite the fact that the husband also belongs to Scheduled Caste and the particular Caste falls in the same reserved category in the State of migration and that she is a permanent resident of that State. 16. Since the other related matter has been referred to a larger Bench, we think that it would be just and proper to refer this matter also to the larger Bench. Ordered accordingly. 17. The Registry is directed to place the papers before the Hon’ble the Chief Justice of India for consideration and appropriate order.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40822 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8225 of 2013 (Arising out of SLP(C) No.33724 of 2011) Ranjana Kumari … Appellant Versus State of Uttaranchal and others …Respondents J U D G M E N T G.S. SINGHVI, J. 1. Leave granted. 2. The appellant has questioned correctness of … Continue reading

Himachala Pradesh state amendment is with the view to provide impediment free reservation in promotion to the Scheduled-Castes and Scheduled-Tribes and to bring certainty and clarity in the matter. Furthermore, the aforesaid proposed amendment is to be introduced with retrospective effect from 17th June, 1995. = “‘Due Consideration’ is totally different from collecting quantifiable data. This exercise has to be conducted and no reservation in promotion can be made without conducting such an exercise. Therefore, the State cannot be permitted to make reservations till such exercise is carried out and clear-cut quantifiable data is collected on the lines indicated in M.Nagaraj’s case. We may also point out that other than making vague reference to “due consideration” having been done, till date the State has not produced before us any clear-cut quantifiable data which could establish the need for reservation. Merely because the amended provision of the Constitution enable the State to make reservation is no ground not to collect data. Therefore, the instructions have to be struck down as being violate of the law laid down in M. Nagaraj’s case by the Apex Court.”= We, therefore, allow this Interlocutory Application and direct the State of Himachal Pradesh to take a final decision on the issue either on the basis of the data already submitted to the Cabinet Sub-Committee on 25th April, 2011 or on the basis of the data reflecting the position as on 30th June, 2011, within a period of three months from today. Till a final decision is taken, the direction restraining the State of Himachal Pradesh from making any promotion shall continue H.P. Scheduled Tribes Employees Federation & Anr. … Appellants Versus Himachal Pradesh S.V.K.K. & Ors. …Respondents.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40773 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION NO.6 OF 2012 IN SPECIAL LEAVE PETITION (C.) No. 30143 OF 2009 H.P. Scheduled Tribes Employees Federation & Anr. … Appellants Versus Himachal Pradesh S.V.K.K. & Ors. …Respondents With CONTEMPT PETITION (C.) NO. 91 OF 2013 IN SPECIAL LEAVE PETITION (C.) … Continue reading

Service Matter – Whether the petitioners, whose names were included in the select list prepared for recruitment to Punjab Civil Service (Judicial Branch) are entitled to be appointed against the posts which became available due to the resignation of two of the appointees and the unfilled posts of reserved categories is the question which arises for consideration in these petitions filed under Article 32 of the Constitution.= once the appointments are made against the advertised posts, the select list gets exhausted and those who are placed below the last appointee cannot claim appointment against the posts which subsequently become available. = “At the outset it should be noticed that the select list prepared by APSC could be used to fill the notified vacancies and not future vacancies. If the requisition and advertisement was only for 27 posts, the State cannot appoint more than the number of posts advertised, even though APSC had prepared a select list of 64 candidates. The select list got exhausted when all the 27 posts were filled. Thereafter, the candidates below the 27 appointed candidates have no right to claim appointment to any vacancy in regard to which selection was not held. The fact that evidently and admittedly the names of the appellants appeared in the select list dated 17-7-2000 below the persons who have been appointed on merit against the said 27 vacancies, and as such they could not have been appointed in excess of the number of posts advertised as the currency of select list had expired as soon as the number of posts advertised are filled up, therefore, appointments beyond the number of posts advertised would amount to filling up future vacancies meant for direct candidates in violation of quota rules. Therefore, the appellants are not entitled to claim any relief for themselves. The question that remains for consideration is whether there is any ground for challenging the regularisation of the private respondents.” In view of the above noted legal position, the decision taken by the High Court not to enter the petitioners name in the register to facilitate their appointment against the de-reserved posts or the posts vacated by the general category candidates cannot be faulted, more so because the State Government had already approved fresh recruitment and the Commission issued advertisement for 71 posts including 6 reserved category posts. In the result, the writ petitions are dismissed.

published in http://judis.nic.in/supremecourt/filename=40643 Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 73 OF 2013 Raj Rishi Mehra and others …Petitioners versus State of Punjab and another …Respondents WITH WRIT PETITION (CIVIL) NO. 77 OF 2013 O R D E R Whether the petitioners, whose names were included in the select … Continue reading

Orissa Municipal Act, 1950 = whether the provisions of the Orissa Municipal Act, 1950 are applicable to Sundargarh district in Odisha. 2. It is not in dispute that Sundargarh district is a declared ‘Scheduled Area’ in terms of Clause 6(1) of the Fifth Schedule to the Constitution.= “The Constitution (Seventy-fourth Amendment) Act, 1992 inserting Part IX-A in the Constitution, seeks to strengthen the system of municipalities in urban areas, by placing these local self-governments on sound and effective footing and provide measures for regular and fair conduct of elections. Even before the insertion of the said Part IX-A, municipalities existed all over the country but there were no uniform or strong foundations for these local self-governments to function effectively. “Provisions relating to composition of municipalities, constitution and composition of Ward Committees, reservation of seats for weaker sections, duration of municipalities, powers, authority, responsibilities of municipalities, power to impose taxes, proper superintendence and centralised control of elections to municipalities, constitution of committees for district planning and metropolitan planning, were either not in existence or were found to be inadequate or defective in the State laws relating to municipalities. “Part IX-A seeks to strengthen the democratic political governance at grass root level in urban areas by providing constitutional status to municipalities, and by laying down minimum uniform norms and by ensuring regular and fair conduct of elections.” This objective has been achieved by the Orissa Municipal Act and the amendments made thereto, as extended to the Scheduled Areas. 24. In view of the factual position before us, we see no merit in this writ petition. It is accordingly dismissed.

Page 1     REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 215 OF 2012 Sundargarh Zilla Adivasi Advocates …..Petitioners Association and Others Versus State Government of Odisha and Ors. …..Respondents J U D G M E N T Madan B. Lokur, J. 1. The primary question for consideration in … Continue reading

We are in this case not concerned with any dispute that is pending before the Scrutiny Committee, this is a case of total non-compliance of the conditions stipulated in the notification (information to the candidates) wherein it has been specifically stated that a candidate claiming to be SC/ST/BC must have a certificate in support of his/her claim from a competent authority specified in the West Bengal Scheduled Caste and Scheduled Tribes (Identification) Act, 1994. In our view, the guidelines in in Kumari Madhuri Patil’s case (supra) or the brochure issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, New Delhi would not override the specific conditions stipulated in the notification (information to the candidates) of compliance of the provisions of the West Bengal Scheduled Caste and Scheduled Tribes (Identification) Act, 1994. In such circumstances we find no error in the decision taken by the Commission in not entertaining the application of the respondent as a member of the ST Community due to non-production of the certificate from the competent authority specified in the above-mentioned Act. 17. The appeal is accordingly allowed and the Judgment of the High Court is set aside. However, we are inclined to record the submission of the learned senior counsel, appearing for the appellant that the respondent would be appointed as a judicial officer in the West Bengal Judicial Service consequent to the examination conducted in the year 2010 since he has produced the Certificate issued by the competent authority under The West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994. Appeal is, therefore, allowed as above, however there will be no order as to costs.

Page 1 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 4282 OF 2013 [Arising out of SLP (Civil) NO.29831 of 2011] REGISTRAR GENERAL, CALCUTTA HIGH COURT .. APPELLANT Versus SHRINIVAS PRASAD SHAH AND OTHERS .. RESPONDENTS J U D G M E M T K. S. Radhakrishnan, J 1. Leave … Continue reading

Civil Contempt Petition No.359 of 2011, whereby the alleged contemnors were held to be guilty of contempt of court for having violated the order passed by the Division Bench of the Jaipur Bench of the Rajasthan High Court on 5th February, 2010, in D.B. Civil Writ Petition No.8104 of 2008.-since in order to comply with the findings in M. Nagaraj’s case and Suraj Bhan Meena’s case, necessary data was required to be collected, in the absence of which it was not possible for the State and its authorities to act in terms of the observations made in M. Nagaraj’s case and in Suraj Bhan Meena’s case (supra). 44. Accordingly, we are of the view that despite the fact that there has been delay on the part of the State and its authorities in giving effect to the observations made in the two aforesaid cases, there was no willful or deliberate intention on their part to defy the orders of this Court. The very fact that the Bhatnagar Committee was appointed indicates that the State and its authorities had every intention to implement the aforesaid observations, though the progress of such implementation has been tardy. Accordingly, we are unable to sustain the impugned judgment and order of the Division Bench of the High Court holding the Appellants guilty of contempt of Court for purported violation of the order passed by the Division Bench of the Jaipur Bench of the Rajasthan High Court on 5th February, 2010, while disposing of the Civil Writ Petition No.8410 of 2008. Consequently, the judgment and order under appeal has to be set aside. 45. We, accordingly, allow the appeals and set aside the aforesaid judgment, but with the further direction that the State and its authorities act in terms of the Report of the Bhatnagar Committee, in accordance with the decision rendered in M. Nagaraj’s case and in Suraj Bhan Meena’s case (supra), within two months from the date of communication of this judgment and order.

|REPORTABLE |   IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 2504-2505 OF 2012 1 2 Salauddin Ahmed & Anr. … Appellants   Vs.     2 Samta Andolan … Respondent       J U D G M E N T     ALTAMAS KABIR, J.   1. These appeals … Continue reading

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