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Search Results Judgments > 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 ...

Nov 16 1992

Indra Sawhney etc. etc Vs. Union of India and others, etc. etc.

  • Decided on : 16-Nov-1992

Court : Supreme Court of India

Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217

... Scheduled Castes and Scheduled Tribes, other Backward Classes constitute nearly 52% of the Indian population.Percentage of Distribution of India Population by Caste and Religious Groups S.No. Group Name Percentage of the total population I. Scheduled Castes and Scheduled Tribes A-1 Scheduled Castes 15.05 A-2 Scheduled Tribes 7.51 Total of 'A' 22.56 II. Non-Hindu Communities, Religious Groups, etc. B-1 Muslims (other than STs) 11.19 (0.2)* B-2 Christians (other ... appointment of Scheduled Caste/Scheduled Tribe candidates in excess of 50%.In Comptroller and Auditor General v. K.S. Jagannathan : [1986]2SCR17 , it was held:It is now well settled by decisions of this Court that the reservation in favour of backward classes of citizens including the members of the Scheduled Castes and the Scheduled Tribes ... Karnataka and the two Northern States, Bihar and Uttar Pradesh. The conclusions drawn from the discussion are stated in para 8.45 in the following words:'In view of the foregoing account, the reasons for much stronger reaction in the North than South to reservations, etc. for other Backward Classes may be summarised as below:-(1) Tamil Nadu and Karnataka had a long history of Backward Classes ...

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 ...

Nov 07 2005

B. Archana Reddy and Ors. Vs. State of A.P., rep. by its Secretary, La ...

  • Decided on : 07-Nov-2005

Court : Andhra Pradesh

Reported in : 2005(6)ALD582; 2005(6)ALT364

... reserved seats in Legislatures, reservation of posts in Government Services and reservation of places in academic institutions. Second, there are programmes for provision of scholarships, land allotments, grants for health care etc. Third, there are special protections like prohibiting exploitation of backward classes especially Scheduled Castes and Scheduled Tribes by others (See 'Law and Society in India', by Mark Galanter: Oxford India paper Book; 1992; p. 186.) Reservation of positions for Scheduled Castes/Scheduled Tribes ... appointments or posts barring certain extraordinary situations;And whereas, the commission also considered that the percentage of population of Scheduled Castes, Scheduled Tribes and Backward Classes in the state is exceeding 68% of the total population and the Muslim population in the State of Andhra Pradesh is 9.2% of total population and further having regard to the fact that the existing Backward Classes ... Act. In accordance with Section 3 thereof, the Government of Andhra Pradesh constituted Backward Classes Commission (hereinafter called B.C. Commission) under the Chairmanship of retired Judge of Karnataka High Court, Puttuswamy, J in G.O.Ms. No. 9 dated 26-01-1994. The Commission was asked to examine requests for inclusion of any class of citizens as a backward class ...

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 ...

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 27 1994

Dr. N.M. Prasad Vs. Director, Sri Jayadeva Institute of Cardiology and ...

  • Decided on : 27-Sep-1994

Court : Karnataka

Reported in : AIR1995Kant243; ILR1994KAR2909; 1995(1)KarLJ452

... to our notice the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of appointment etc.) Act, 1990 (Karnataka Act 7 of 1991) (hereinafter called the Act) which came into force on 1-6-1992, in particular sub-section (3) of Section 4 therefore, Sri Shankar submitted that the learned single Judge was not aware of the Act though it was ... be made reservation for the persons belonging to the Scheduled Castes, the Scheduled Tribes and other Backward Classes to such extent and in such manner as may be prescribed.'XX XX XX6. Based on the above provisions, SriShankar argued that when the State hadclearly provided for reservation of seats forpersons belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes in ... reservation of seats forpersons belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes in admission to Universities and to the educational institutions established or maintained or aided by the State Government to the extent and in accordance with the manneralso provided by it, it was not open torespondent- 1 to take a stand that there couldnot be any reservation ... appointed day, to a course of study in University established or deemed to be established by or under any law of the StateLegislature or an educational institution established or maintained or aided by the State Government, there shall be made reservation for the persons belonging to the Scheduled Castes, the Scheduled Tribes and other Backward Classes ...

Jan 16 1961

S.A. Partha and Ors. Vs. The State of Mysore and Ors.

  • Decided on : 16-Jan-1961

Court : Karnataka

Reported in : AIR1961Kant220; AIR1961Mys220

... Scheduled Castes, Scheduled Tribes and other Backward Classes are thus entitled to their Fundamental Rights, other citizens are equally entitled to say that the same Fundamental Right of theirs shall not be abridged beyond the limits constitutionally permissible for the protection and encouragement of Scheduled Castes, Scheduled Tribes and other Backward Classes. When therefore a reservation of a certain percentage of seats is made in favour of Scheduled Tribes or Scheduled Castes or other Backward Classes, they cannot on the basis of their backwardness ... Act. It is common ground that this argument does not apply to the Karnataka University or Colleges coming within the jurisdiction of that University. It is also common ground that the Chancellor has made no rules under the above section making any special provision for the advancement of the Scheduled Castes and Scheduled Tribes or other Backward Classes ... appointments to Government Service. In order to meet the situation arising out of holding up of recruitment to different classes of service, the committee was requested to send an interim report and the Committee accordingly, sent a report. The Committee in its interim report has prepared a provisional fist of other Backward Classes ...

Aug 08 1991

Indra Sawhney and Ors. Vs. Union of India (UOI) and Ors.

  • Decided on : 08-Aug-1991

Court : Supreme Court of India

Reported in : JT1992(6)SC273; 1993LabIC129; 1992Supp(3)SCC212; [1992]6SCR321

... Scheduled Castes and Scheduled Tribes, other Backward Classes constitute nearly 52% of the Indian population. Percentage of Distribution of Indian Population by Caste and Religious Groups -------------------------------------------------------------------------- S.No. Group Name Percentage of the total Population -------------------------------------------------------------------------- I. Scheduled Castes and Scheduled Tribes A-1 Scheduled Castes 15.05 A-2 Scheduled Tribes 7.51 Total of 'A' 22.56 II. Non-Hindu Communities, Religious Groups, etc. B-1 Muslims (other than STs) 11.19 (0.2)* B-2 Christians (other ... Other Backward Classes and for religious minorities, whatever advantages they may have, are directed basically towards a balance of power. The former are in tune with the spirit of the Constitution; the latter must lead sooner or later to what Justice Gajendragadkar has called a 'fraud on the Constitution.D373. The next question for consideration is whether Article 16(4) provides reservation of appointments ... Karnataka, (1985) Suppl. 1 SCR 352.268. In the Constituent Assembly during the discussions on draft Article 10 (Article 16), several members belonging to the Scheduled Castes or the Scheduled Tribes expressed serious apprehension that the expression 'backward' was not precise and large sections of people who did not belong to the Scheduled Castes or the Scheduled Tribes were likely to claim the benefit of reservation ...

Sep 21 2004

T. Muralidhar Rao Vs. State of A.P. and Ors.

  • Decided on : 21-Sep-2004

Court : Andhra Pradesh

Reported in : 2004(6)ALD1; 2004(5)ALT634

... Backward Classes' and yet that expression does not find place in Article 16(4). The reason is obvious: 'Backward Class of Citizens' in Article 16(4) takes in Scheduled Tribes, Scheduled Castes and all other Backward Classes of citizens including the socially and educationally Backward Classes. Thus, certain classes ... appointed.39. It is in the abovementioned background, that the Government thought it fit to call upon the Ex-Officio Commissioner, Minorities Welfare, to submit a report regarding the 'socio-economic conditions among Muslim Community' and also report whether such conditions 'warrant reservations for them in employment and educational institutions on par with other Backward Classes ... Act 20/93, the Commission for Backward Classes was constituted with retired Judge of High Court of Karnataka as its Chairperson vide G.O. Ms. No.9 dated 26-1-1994.25. After enactment of Act 20 of 1993, the State Government issued G.O. Ms. No.30 dated 25-8-1994, declaring status of 14 castes/communities as Backward Classes, which includes Muslims also and that no reservation ... created under the A.P. Act 20/1993 (Andhra Pradesh Backward Classes Commission Act). Though the G.O. purported to declare certain communities enumerated therein such as Kapus, Muslims, etc., as Backward Classes of citizens, the G ... Dean, Seth G.S. Medical College, 1990 (3) SCC 130.178. These decisions do not render any particular assistance for deciding the issue whether consultation under Section 11(2) of Act 20 of 1993, ...

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