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Judgment Search Results Home  Phrase:karnataka scheduled castes scheduled tribes and other backward classes reservation of appointment etc act 1990

Apr 05 2007

T.R. Rangahanumaiah, Major, T.R. Swamy Now Development Officer, Karnat ...

  • Decided on : 05-Apr-2007

Court : Karnataka

Reported in : 2007(5)KarLJ501; 2007(3)AIRKarR545(DB).; ILR2007(2)Kar2090

... Karnataka Scheduled Caste, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.) Act, 1990, which received the assent of the President on 4-3-1991 and published in the official gazette on 7-3-1991 read with the Karnataka Scheduled Caste, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.) Rules, 1992, in terms of the notification dated 22-12-1993, which is a piece of legislation which makes it compulsory for providing reservation in favour of scheduled caste/tribe and other backward classes ... reservation available and out of turn can nevertheless retain their seniority in the promoted post notwithstanding the judgment in AJIT SINGH-II [supra].30. The Karnataka Scheduled Caste, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.) Act, 1990, which received the assent of the President on 4-3-1991 and published in the official gazette on 7-3-1991 read with the Karnataka Scheduled Caste, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.) Rules, ... No. 3. On 3-12-1990, Karnataka Government Notification No. DPAR 18 SBC 86 was issued, extending the provision for reservation to the post of executive engineer in the public works and irrigation departments of the government. On 7-3-1991, Karnataka Scheduled Caste, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc) Act, 1990 was published in the gazette, providing for reservation in public sector establishments. On ...

Jun 20 2005

B.A. Kagali and Anr. Vs. The Secretary, Department of Social Welfare a ...

  • Decided on : 20-Jun-2005

Court : Karnataka

Reported in : 2006(5)KarLJ453

... Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 and Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) (Amendment) Act, 1997. During the pendency of these two writ petitions, the Tahsildar, Madikeri, placing reliance on the order of the Caste Verification Committee dated 3-6-1999 and that of the Divisional Commissioner, Mysore, dated 25-10-1999, without notice to Smt. Ramani, passed an order on 11-6-2001 cancelling the Caste ... up a post of Reader in Physics reserved for Scheduled Tribe category by way of direct recruitment. Smt. Ramani applied for the said post and she was appointed as Reader in Physics against the Scheduled Tribe quota with effect from 20th February, 1989. Subsequently, Smt. Ramani was appointed to the post of Professor of Physics ... appointed to the post of lecturer in Physics in the general merit category and she accordingly joined the service in the year 1983. When she was serving as a lecturer in Physics in the University, the Bangalore University called for applications to fill up a post of Reader in Physics reserved for Scheduled Tribe ... Ramani has chosen to file an affidavit on 7-8-2001 undertaking not to claim Scheduled Tribe status in future, that fact itself would show that she does not belong to Scheduled Tribe and therefore, the appointment secured and promotion earned by her in the course of her official career are invalid ...

May 26 2011

Dr. Anil Kumar and Others Vs. The State of Karnataka and Others

  • Decided on : 26-May-2011

Court : Karnataka

... specially and educationally backward classes of citizen or for the Scheduled Castes and the Scheduled Tribes. Therefore, the State Legislature has enacted the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) Act, 1990 (Karnataka Act No.7/1991) (for short the 1990 Act) to provide for the reservation of appointments or posts in favour of the members of the Scheduled Castes, Scheduled Tribes and other Backward Classes in the ... backward among the backward classes. Article 15(4) of the constitution of India enables the State Government to make any special provision for the advancement of any specially and educationally backward classes of citizen or for the Scheduled Castes and the Scheduled Tribes. Therefore, the State Legislature has enacted the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) Act, 1990 (Karnataka Act No.7/1991) (for short the 1990 Act) to provide for the reservation of appointments ... Counsel appearing for the petitioners, would contend that the Karnataka State Legislature has enacted the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) Act, 1990 (Karnataka Act No.7/1991) (for short the 1990 Act) to provide for the reservation in appointments or posts in favour of the members of the Scheduled Castes, Scheduled Tribes and other Backward Classes in the State Civil Services and establishments ...

Dec 15 1995

Sumangala Vs. State of Karnataka

  • Decided on : 15-Dec-1995

Court : Karnataka

Reported in : ILR1996KAR235; 1995(6)KarLJ360

... view the said undertaking, in exercise of the powers conferred on the State Government under Section 12(1) of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Act. 1990 ('the Act', for short) under its Notification dated 8.9.1995 inserted a new Rule 9A in the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Rules 1992 (in short, 'the Rules'). The said Rule 9A is to the following effect:'9A. Scrutinising Committee: (1 ... to be belonging to the said three castes - Beda Jangama, Budga Jangama and Mala Jangama without being in any way influenced by the Government Circulars referred to above.3. Accordingly, keeping in view the said undertaking, in exercise of the powers conferred on the State Government under Section 12(1) of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Act. 1990 ('the Act', for short) under its Notification dated ... 9A in the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Rules 1992 (in short, 'the Rules'). The said Rule 9A is to the following effect:'9A. Scrutinising Committee: (1) Notwithstanding anything contained in Rules 4 to 7, the State Government shall constitute a State Level Scrutinising Committee consisting of the following:-(a) an Officer not below the rank of Additional Secretary to Government appointed by the ...

May 28 1999

M.P. Jayashankar Vs. State of Karnataka and others

  • Decided on : 28-May-1999

Court : Karnataka

Reported in : 1999(5)KarLJ95

... Scheduled Castes and Scheduled Tribes in promotional vacancies. The State has enacted a law called 'Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.,) Act, 1990 (hereinafter referred to as 'the Act, 1990'). Section 4 of the Act, 1990 reads thus.--'4(1) After the appointed day, while making appointments to any office in a civil service of the State of Karnataka or to a civilpost under the State of Karnataka appointments or posts shall be reserved for the members of the Scheduled Castes, Scheduled Tribes and other Backward classes ... etc., to make reservation in favour of Scheduled Castes and Scheduled Tribes in promotional vacancies. The State has enacted a law called 'Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.,) Act, 1990 (hereinafter referred to as 'the Act, 1990'). Section 4 of the Act, 1990 reads thus.--'4(1) After the appointed day, while making appointments to any office in a civil service of the State of Karnataka or to a civilpost under the State of Karnataka appointments or posts shall be reserved ...

Jul 30 2004

Smt. Shantala G. Rao Vs. The Divisional Commissioner, Mysore Division ...

  • Decided on : 30-Jul-2004

Court : Karnataka

Reported in : ILR2004KAR4801; 2004(6)KarLJ325

... Caste Verification Committee which had culminated in an order dated 7-6-1996 and against which an appeal was preferred on 27-2-1997. The direction of this Court to refer the matter to the Caste Verification Committee, was unnecessary.5. The Caste Verification Committee of Chickmagalore District was constituted under the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) (Amendment ... 1990 obtained the statement of the mother of the petitioner, her neighbours and secured information from the Panchayat Office at Koppa, are admitted by the petitioner in her letter dated 20th May, 1991 produced as Annexure-D to the Writ Petition No. 11793 of 1993.13. The entire case of the petitioner that she belongs to 'Maleru' community, a declared 'Scheduled Tribe ... Scheduled Tribe' known as 'Maleru' community in the State of Karnataka. Thus, the basis on which the petitioner secured an employment in a reserved category is itself void.14. In the writ petition filed by the petitioner on an earlier occasion in W.P. No. 11793 of 1993, the learned Single Judge of this Court believed that her caste ... Sacerdotal Class and their progeny attached by the name of 'Maleru' to the Shiva temple. The letter dated 23-4-1996 of the Director of Social Welfare, Government of Karnataka stating that the persons belonging to that 'Maleru' community who descended from 'Brahmin' caste, cannot be treated as 'Scheduled Tribe', was considered by the Caste Verification ...

Oct 12 2007

Canara High School Association A society regd. under Societies Registr ...

  • Decided on : 12-Oct-2007

Court : Karnataka

Reported in : 2008(2)KarLJ736; 2008(1)AIRKarR537; 2008LabIC(NOC)343(Kar)

... appointments are not approved for the reason that the first petitioner-society was required to follow the policy of reservation and that in terms of the provisions of the Karnataka Scheduled Caste/Scheduled Tribe & Other Backward Classes (Reservation in Appointments etc.) Act, 1990 [for short, the 1990 Act] and the government order No. ED 227 SEP 94 dated 21-4-1995, posts were required to be filled up by appointing persons belonging to scheduled caste/tribe ... Karnataka Scheduled Caste/Scheduled Tribe & Other Backward Classes (Reservation in Appointments etc.) Act, 1990 [for short, the 1990 Act] and the government order No. ED 227 SEP 94 dated 21-4-1995, posts were required to be filled up by appointing persons belonging to scheduled caste/tribe communities as backlog vacancies.2. It is not only these orders but also the common appellate order dated 19-12-2003 [Annexure-L to the writ petition] passed by the Government of Karnataka ... the reservation of appointments or posts in favour of scheduled castes, scheduled tribes and any backward class subject to such modification, if any, which the state government may make in the application of such provision to any class or classes of ... appointing persons belonging to scheduled caste/tribe communities as backlog vacancies.2. It is not only these orders but also the common appellate order dated 19-12-2003 [Annexure-L to the writ petition] passed by the Government of Karnataka under Section 131 of the Karnataka Education Act [for short, the Act ...

Aug 27 2003

G.P. Srinivas Vs. K. Halappa and Ors.

  • Decided on : 27-Aug-2003

Court : Karnataka

Reported in : 2003(6)KarLJ347

... that the Tahsildar is the Competent Authority to issue the caste certificates under Rule 3(a) of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) Rules, 2000. In the absence of any other relevant rules, the certificates so issued by the Tahsildar is also valid for the purpose of elections conducted under the Karnataka Panchayat Raj Act'. The Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) Rules, 1992 has been further amended by Notification ... S. Patil that the Namadhari Kunchitiga is a sub-caste of Namadhari caste cannot be accepted in the light of the definition contained in the Act as also the Bar envisaged by Article 243-O. 8. Both the learned Counsels concede that the caste certificate as issued by the Tahsildar is issued under the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) Act, 1990 (Act 7 of 1991), and it is not ... of the caste certificates issued by the Tahsildars, before the Deputy Commissioner, Caste Verification Committee under the provisions of Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) Act, 1990 ('S.C. and S.T. Act' for short). The orders passed by the Court in the election miscellaneous petitions and the orders of the Deputy Commissioner passed under the provisions of the S.C. and S.T. Act recalling the caste certificates ...

Jun 04 2003

B. Geetamma Vs. Smt. Gulfom and Ors.

  • Decided on : 04-Jun-2003

Court : Karnataka

Reported in : 2003(4)KarLJ401

... to a shortcoming in the Karnataka Panchayat Raj Act, 1993 ('the Act' for short). The shortcoming relates to the omission in the Act to prescribe the Competent Authority for issuance of the caste certificate. There is not even a reference made in the statute to the effect that the certificate issued by the Tahsildar under the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) (Amendment) Act, 1990 ('the Act 7 of 1991', for short ... the effect that the certificate issued by the Tahsildar under the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) (Amendment) Act, 1990 ('the Act 7 of 1991', for short), would hold good for the purposes of the Act. The learned Government Advocate submitted that there is no provision in any other statute providing for issuance of a caste certificate by an authority other than the Tahsildar. He also submitted that no Government orders ... the caste certificate. There is not even a reference made in the statute to the effect that the certificate issued by the Tahsildar under the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) (Amendment) Act, 1990 ('the Act 7 of 1991', for short), would hold good for the purposes of the Act. The learned Government Advocate submitted that there is no provision in any other statute providing for issuance of a caste certificate ...

Sep 05 2008

Sri K. Krishnamurthy Vs. The Secretary, Ministry of Home Affairs and O ...

  • Decided on : 05-Sep-2008

Court : Karnataka

Reported in : ILR2008KAR4716

... The petitioner has sought for quashing of the orders passed by the caste verification committee functioning under the provisions of the Karnataka Scheduled Caste/Scheduled Tribe and Other Backward Classes (Reservation in Appointment etc.) Act, 1990 [for short, the State Act] and the further order passed by the caste verification appellate authority, both of them held that the petitioner does not belong to scheduled caste community.3. If this status is confirmed, the retiral benefits which ... belonging scheduled caste community has resulted in his employer though allowed to continue the petitioner till superannuation, has nevertheless withdrawn some retiral benefits and in that context has approached this Court for relief. The petitioner has sought for quashing of the orders passed by the caste verification committee functioning under the provisions of the Karnataka Scheduled Caste/Scheduled Tribe and Other Backward Classes (Reservation in Appointment etc.) Act, 1990 [for short, the State Act] and ... the impugned Karnataka Scheduled Castes and Scheduled Tribes Reservation/Appointment rules framed by the State Legislature/Government in exercise of the powers conferred by Sub-section (1) of Section 13 of Karnataka Scheduled Castes and Scheduled Tribes Reservation of Appointment Act 7 of 1990 as per the Notification No. SWD/137/ BCA 93 dated 11.11.1993 in constituting the Caste Verification Committee for each district throughout the state of Karnataka to verify the caste certificate ...

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