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Search Results Judgments > Act:KARNATAKA SCHEDULED CASTES SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENT ETC) ACT 1990

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 ...

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 ...

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 ...

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 ...

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 ...

Jan 28 2002

Suryakantha Rao Vs. State of Karnataka and Ors.

  • Decided on : 28-Jan-2002

Court : Karnataka

Reported in : 2002(3)KarLJ498

... i.e., the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) Act, 1990 is to provide for the reservation of appointment or posts in favour of the members of the Scheduled Castes, Scheduled Tribes and other Backward Classes in the State Civil Services and establishments in the Public Sector and in admission to Universities and to the Educational Institutions established or maintained or aided by the State Government, whereas in the instant case, the caste certificate that was ... the Tahsildar issuing a caste certificate to the petitioner. This order, that has been questioned by the petitioner in this writ petition on the ground that the appeal before the Assistant Commissioner under the said enactment is not maintainable in law.4. The object of said enactment i.e., the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) Act, 1990 is to provide for the reservation of appointment or posts in ... complaint filed by the respondent 4 by refusing to recall the caste certificate issued earlier to the petitioner,2. The order passed by the Tahsildar has been questioned by the respondent 4 by way of an appeal before the Assistant Commissioner under Section 4-B of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes Observation of Appointments, etc.) (Amendment) Act, 1997.3. In the instant case, the petitioner contested for ...

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 ...

Feb 22 2006

Bharat Electronics Ltd. and The Director (BC), Bharat Electronics Ltd. ...

  • Decided on : 22-Feb-2006

Court : Karnataka

Reported in : ILR2007KAR2823; 2007(4)KCCRSN261; 2006(6)AIRKarR278(DB)

... 16.7.1993. The said appointment was given to him giving the benefit of reservation as a member of a Scheduled Tribe. However, as per Annexure 'A' order dated 30.5.2002, he was dismissed from service of the first appellant with immediate effect. The dismissal was on the ground that he was not a member of any Scheduled Tribe and that he obtained the employment ... the respondents in the Writ Petition.2. The respondent herein (writ petitioner) was appointed as a Draughtsman-C in the Bharat Electronics Limited, Jalahalli (first appellant) and he joined duty on 16.7.1993. The said appointment was given to him giving the benefit of reservation as a member of a Scheduled Tribe. However, as per Annexure 'A' order dated 30.5.2002, he was ... ground that he was not a member of any Scheduled Tribe and that he obtained the employment by deliberately making false statement in his employment application form and attestation form to the effect that he belongs to Kadukuruba community. According to the appellants, the respondent belongs to Kuruba community which is admittedly not a Scheduled Tribe. Before issuing Annexure 'A' order, charge sheet was ...

Oct 09 2013

Delhi High Court Bar Association & Anr Vs. Govt of Nct of Delhi & Anr

  • Decided on : 09-Oct-2013

Court : Delhi

... other backward classes. The Court observed as under: ?9. Honesty of purpose of those who prepared and published the list was not and is not challenged, but the validity of a law which apparently infringes the fundamental rights of citizens cannot be upheld merely because the law maker was satisfied that what he did was right or that he believes that he acted ... appoint sufficient staff, etc. The concept of independence of judiciary further conceives that Judges cannot be allowed to be overburdened by continuous pressure of deciding large number cases at the cost of quality of adjudication. 4.8 Entry 11A was introduced in the Concurrent List of Schedule 7 of the Constitution of India in 1977 vide 42nd Amendment Act ... from Karnataka were directed against the common order of the Karnataka High Court upholding the validity of the corresponding provisions of the Karnataka Act ... etc: No act of the Legislative Assembly, and no provision in any such Act, shall be invalid by reason only that some previous sanction or recommendation required by this Act was not given, if assent to that Act was given by the Lieutenant Governor, or, on being reserved ... and it was not published as a law. Some Indian tribes residing in the State of Washington filed the petition ... , no grievance can be heard that they cast financial burden. Thirdly, compared to the other plan and non-plan expenditure, we ... of India [(1978) 1 SCC248 and Charan Lal Sahu v. Union of India [(1990) 1 SCC613 , the Court has taken the view that ...

Dec 30 1981

S.P. Gupta Vs. President of India and Ors.

  • Decided on : 30-Dec-1981

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

... other Judge may be appointed to perform the duties of the Chief Justice under Article 223 and the Judge so appointed functions only as an acting Chief Justice; (e) under Article 229, the Chief Justice alone ia entrusted with the duty of appointing servants of the High Court and has control over them; (f) under the Second Schedule ... class came into existence which has enormously benefited by this justice delivery system to the detriment of teeming millions and, therefore, they have become the protagonists of the system. A society composed of 70% illiterates living in rural backward ... other local links and affiliations etc., that political links had also been mentioned in certain cases and various State authorities had expressed their reservations about the continuance of some Additional Judges and it was felt that in some cases of this kind if Additional Judges could be made permanent in other High Courts there could be no valid objections to such appointments ... appointment of the senior-most puisne Judge of the Karnataka High Court, Shri K. Bhimiah, as Chief Justice of Kerala High Court, In the penultimate paragraph of the letter the Chief Justice of India reiterates that the other proposals, for example, the proposal of transfer of Shri K.D. Sharma, Acting ... interested politicians but also a few -- and fortunately their tribe is still small -- lawyers and members of the ... or pressures and uninfluenced by the considerations of class, caste or creed. He would also generate much greater ...

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