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Search Results Judgments > Act:constitution scheduled castes order amendment act

Dec 03 1993

Palghat Jilla Thandan Samudhaya Samrakshna Samithi and Anr. Vs. State ...

  • Decided on : 03-Dec-1993

Court : Supreme Court of India

Reported in : JT1993(6)SC622; 1994(1)KLT118(SC); 1993(4)SCALE584; (1994)1SCC359; [1993]Supp3SCR872; 1994(1)LC476(SC)

... amend the Scheduled Castes Order,23. In the result, the writ petitions are allowed and the State Government is directed to grant to all members of the Thandan community, including those belonging to the erstwhile Malabar District and the present Palghat District, the benefits due to a Scheduled Caste included in the Schedule to the Constitution Scheduled Castes Order as amended upto date and to issue to them community certificates accordingly. The order ... order read above as second paper Government now order that persons belonging to the Thandan caste throughout Kerala would be treated as members of scheduled caste as existing in the list of scheduled castes of this state as per the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. While issuing such caste certificate the revenue authorities should clarify after proper verification that the person concerned belongs to Thandan caste ... caste Thandan for the purposes of the entire State. The Constitution Scheduled Castes (Modification) Order, 1956, modified the Scheduled Castes Order. In the List in Part V, applicable to the State of Kerala (the successor to the State of Travancore Cochin), at item 14, was specified the caste Thandan for the purposes of entirety of the State except Malabar District. The Scheduled Castes and Scheduled Tribes (Amendment) Act ...

Nov 08 2011

Anand vs. Committee For Scrunity And Claims And Ors.

  • Decided on : 08-Nov-2011

Court : Supreme Court of India

Reported in : 2012(1)SCC113; 2012(1)MLJ830; AIR2011SCW6559; AIR2012SC314; 2012(3)SCJ496

... the Constitution, vests in the Parliament. In exercise of the powers conferred by Article 342 of the Constitution, the President issued an order, called the Constitution (Scheduled Tribes) Order, 1950. This was followed by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1956. In the year 1976, the Parliament enacted the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976. Part IX of the Third Schedule to the Amending Act specifies Scheduled Tribes for the State of Maharashtra. One of the Scheduled ... the lists of Scheduled Tribes specified in a notification, issued under clause (1) of Article 342 of the Constitution, vests in the Parliament. In exercise of the powers conferred by Article 342 of the Constitution, the President issued an order, called the Constitution (Scheduled Tribes) Order, 1950. This was followed by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1956. In the year 1976, the Parliament enacted the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976. Part ... affirmed the order passed by the Committee for Scrutiny and Verification of Tribe Claims, Amravati, (for short the Caste Scrutiny Committee ), respondent No.1 in this appeal, cancelling the caste certificate dated 2nd January, 2002, issued to the appellant by the Sub- Divisional Magistrate, Pusad, District Yavatmal, certifying that the appellant belongs to the `Halbi' Scheduled tribe, notified in terms of the Constitution (Scheduled Tribes) Order, 1950 ...

Feb 20 2003

Chandrakant Bajirao Shinde Vs. State of Maharashtra, through the Secre ...

  • Decided on : 20-Feb-2003

Court : Mumbai

Reported in : 2003(2)ALLMR457; 2003(4)BomCR535; 2003(2)MhLj471

... Scheduled Tribe in the Presidential Order viz. The Constitution (Scheduled Tribes) Order, 1950 as amended by The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956 and The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976.4. The Constitution (Scheduled Tribes) Order, 1950 was issued on 6th September 1950 in exercise of the powers conferred upon the President of India by Clause (1) of Article 342 of the Constitution of India. In the schedule appended to the said Order ... Order viz. The Constitution (Scheduled Tribes) Order, 1950 as amended by The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956 and The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976.4. The Constitution (Scheduled Tribes) Order, 1950 was issued on 6th September 1950 in exercise of the powers conferred upon the President of India by Clause (1) of Article 342 of the Constitution of India. In the schedule appended to the said Order, admittedly Thakar was not notified as a Scheduled ...

Jan 04 2000

Union of India & Ors. Vs. Dudh Nath Prasad

  • Decided on : 04-Jan-2000

Court : Supreme Court of India

Reported in : AIR2000SC525; 2000(2)BLJR1006; (2000)3CALLT1(SC); 2000(1)CTC418; JT2000(1)SC1; (2000)IIMLJ57(SC); 2000(1)SCALE23; (2000)2SCC20; [2000]1SCR1; 2000(3)SLJ37(SC); (2000)1UPLBEC

... Scheduled Caste and Scheduled Tribe candidates applying for appointment to costs under the Government of India; This is to certify that...son of...of village-District/Division...in the State...belongs to the community which is recognised as a Scheduled Castes/Tribes under the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, read with Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1958. The Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956 and the Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order ... Scheduled Castes Order, 1956 and the Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959. Shri...and/or his family ordinarily reside(s) in the...district/Division of the...State/Union Teroritory. Signature....Dated: Designation with seal of Office Seal State/Union Territory.NOTE : THE TERM 'ORDINARILY RESIDE' USED HERE WILL HAVE THE SAME MEANING AS IN SECTION 20 OF THE REPRESENTATION OF THE PEOPLE ACT ... Order, 1959. Shri...and/or his family ordinarily reside(s) in the...district/Division of the...State/Union Teroritory. Signature....Dated: Designation with seal of Office Seal State/Union Territory.NOTE : THE TERM 'ORDINARILY RESIDE' USED HERE WILL HAVE THE SAME MEANING AS IN SECTION 20 OF THE REPRESENTATION OF THE PEOPLE ACT, 19508. According to Para 5 of the 'Instructions', the Scheduled Caste ...

Jan 24 2003

Kumari T. Punitha Vs. Commissioner for Entrance Examinations and Anr.

  • Decided on : 24-Jan-2003

Court : Kerala

Reported in : AIR2003Ker158

... Schedule of constitution (Scheduled Castes) Order. One Miss. O, K. Lakshmikutty challenged the denial of her admission to the first year MBBS course in 1981-82 on the ground that she was not a Thandan. She challenged it by filing an original Petition before this Court. It was allowed, while so, the State Government, after the inclusion of Thandan in the Scheduled Castes Order by reason of the Amendment Act ... Caste included in the Schedule of constitution (Scheduled Castes) Order. One Miss. O, K. Lakshmikutty challenged the denial of her admission to the first year MBBS course in 1981-82 on the ground that she was not a Thandan. She challenged it by filing an original Petition before this Court. It was allowed, while so, the State Government, after the inclusion of Thandan in the Scheduled Castes Order ... 2002 of this court, is the appellant. She belongs to Hindu 'Paraya' community, which is recognised as a Scheduled Caste, as per the Scheduled Caste and Scheduled Tribe orders (Amendment) Act, 1976, vide Serial No. 56 of the Schedule, in short 'the orders of 1976'. The father of the appellant is residing in Kerala from 1982 onwards and is working in ... after the inclusion of Thandan in the Scheduled Castes Order by reason of the Amendment Act 1976, made enquiries which had revealed that a section of Ezhavaa /Thiyyas of the Malabar area and certain Taluks of Trichur District, who were called Thandans had nothing in common with the Scheduled Caste Thandans. This court, therefore, directed ...

Jan 13 1986

Manju Singh Vs. The Dean, B.J. Medical College and Ors.

  • Decided on : 13-Jan-1986

Court : Gujarat

Reported in : AIR1986Guj175; (1986)2GLR1147

... Constitution that the President issued Constitution (Scheduled Castes) Order 1950 ('Order' for short) specifying castes, races or tribes, which are deemed to be scheduled castes in relation to different States and Union Territories. This Order was amended in the manner and to the extent specified in Schedule I to the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1956. It is not disputed that Jatav caste to which petitioner belongs, is one of the scheduled castes ... caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.'It was under this Art. 341 of the Constitution that the President issued Constitution (Scheduled Castes) Order 1950 ('Order' for short) specifying castes, races or tribes, which are deemed to be scheduled castes in relation to different States and Union Territories. This Order was amended ... Scheduled Castes specified in a notification issued under Clause (1) any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.'It was under this Art. 341 of the Constitution that the President issued Constitution (Scheduled Castes) Order 1950 ('Order' for short) specifying castes, races or tribes, which are deemed to be scheduled castes ...

Jul 31 1989

Rajesh Arjunbhai Patel Vs. State of Maharashtra and others

  • Decided on : 31-Jul-1989

Court : Mumbai

Reported in : AIR1990Bom114; 1990(1)BomCR68; 1990(1)MhLj55

... Orders (Amendment) Act; 1956 (1956 Act). The State was dismembered in 1960 and succeeded by Gujarat and Maharashtra. In 1961 and 1971 there took place the ten-yearly censuses, A bill of 1967 dealing with proposed amendments to the Order had been referred to a Joint Committee. Having regard to the census returns and the recommendation of the Joint Committee, the Parliament amended the Order vide Scheduled Castes and Scheduled Tribes Orders (Amendment) Act ... constitutionally protected vide Art-cles 15 and 16.3. The President in exercise of his powers under Article 342(1) has issued the Constitution (Scheduled Tribes) Order, 1950 hereinafter referred to as the 'Order'. This being a pre-reorganisation of Stales enactment, the State figuring there was Bombay. The Bhil tribe is listed in the' Order as a Scheduled ... Scheduled' Castes and Scheduled Tribes Orders (Amendment) Act; 1956 (1956 Act). The State was dismembered in 1960 and succeeded by Gujarat and Maharashtra. In 1961 and 1971 there took place the ten-yearly censuses, A bill of 1967 dealing with proposed amendments to the Order had been referred to a Joint Committee. Having regard to the census returns and the recommendation of the Joint Committee, the Parliament amended the Order vide Scheduled Castes ...

Jan 25 1988

The Communist Party of India and Ors. etc. Vs. State of Maharashtra an ...

  • Decided on : 25-Jan-1988

Court : Mumbai

Reported in : AIR1989Bom29; 1988(2)BomCR627; 1988MhLJ504

... amend the Scheduled Castes Order 1950 and the Scheduled Tribes Order, 1950 , in the manner and to the extent specified in the First and the Second Schedules of the Act respectively, Section 5 which deals with determination of population of the Scheduled Castes and the Scheduled Tribes in view of the removal of area restrictions in specifying the Scheduled Castes and the Scheduled Tribes under the First and the Second Scheduled of the Act ... carved out for the Scheduled Castes and the Scheduled Tribes for the parliamentary and Assembly elections. It must also be seen that as per the notification issued u/s. 5 of the Act each Tahsil is constituted as a Block thereunder and the revised population figures of the Scheduled Castes and the Scheduled Tribes which are ... as published under Section 5(3) of the Scheduled Castes and Scheduled Tribes Order (Amendment) Act , 1976 (hereinafter referred to as 'the Act no. 108 of 1976') and, therefore, the reservation of seats for the Scheduled Tribes in the elections to the Zills Parlishads and Panchayat Samities under the Act has to be made on the basis of the ... Act No. 12 of 1985 is valid, the population figures as ascertained in 1971 would mean the population figures of the original census of 1971 as modified by Section 5(2) and as published under Section 5(3) of the Scheduled Castes and Scheduled Tribes Order (Amendment) Act , 1976 (hereinafter referred to as 'the Act no. 108 of 1976') and, therefore, the reservation of seats for the Scheduled ...

Jul 28 2003

Raviprakash Babulalsing Parmar Vs. State of Maharashtra and Ors.

  • Decided on : 28-Jul-2003

Court : Mumbai

Reported in : 2004(2)BomCR821; 2004(1)MhLj177

... Order. In the result, the Apex Court directed the State Government to grant all the members of the Thandan community, including those belonging to the Malabar District and the present Palghat District the benefits due to the Scheduled Caste included in the Schedule to the Constitution Scheduled Castes Order, as amended ... constitutional provisions would indicate that (i) initially, by the Constitution (Scheduled Tribes) Order, 1950 only Thakurs were declared to belong to Scheduled Tribes as per Entry 21 in the First Schedule, Part III dealing with erstwhile Bombay State, (ii) by the Scheduled Caste and Scheduled Tribes Order (Amendment) Act, 1956 (Act No. 63 of 1956) the 1950 Order was amended and as against only Thakurs' being Scheduled ... Constitution Scheduled Castes Order, as amended upto date and to issue to them community certificates accordingly.12. We may usefully refer to the decision of Division Bench of this Court in Pandurang Rangnath Chavan v. State of Maharashtra and Ors. 1998(2) M.LJ. 806. In that case it has been observed as under :'Coming to the merits of the petitioner's case, the order ...

Sep 14 1995

Paduthota Ramachandra and others etc. Vs. Union of India and another e ...

  • Decided on : 14-Sep-1995

Court : Karnataka

Reported in : AIR1996Kant282; ILR1995KAR2712; 1995(5)KarLJ356

... Scheduled Castes. The President of India issued the Constitution (Scheduled Castes) Order, 1950, in exercise of powers under Art. 341 and Part VIII of the schedule appended to that order relates to State ofKarnataka. Item No. 3 of Part VIII relates to Kanara District and 'Kotegar' or 'Metri' castes residing in Kanara District are declared as 'Scheduled Caste'. The Parliament passed enactment known as 'The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act ... castes, races or tribes which shall for the purposes of the Constitution be deemed to be Scheduled Castes in relation to the State. Article 366(24) defines that the expression 'Scheduled Castes' means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Art. 341 to be Scheduled Castes. The President of India issued the Constitution (Scheduled Castes) Order ... Constitution be deemed to be Scheduled Castes in relation to the State. Article 366(24) defines that the expression 'Scheduled Castes' means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Art. 341 to be Scheduled Castes. The President of India issued the Constitution (Scheduled Castes) Order, 1950, in exercise of powers under Art. 341 and Part VIII of the schedule ...

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