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...citizens under Article 15(4) of the Constitution, and every time when an order is passed in that behalf, its validity has been challenged by writ proceedings. Four previous orders passed in that...validity of the last order passed by the State of Mysore on 31-7-1962, under Article 15(4).2. Out of the twenty-three petitioners, six had applied for admission to the pre...(hereinafter called the state), and the two Selection Committees which have been impleaded as Respondents 2 and 3. The petitioners' case is that the impugned order which has been passed under Article 15(4) is...
...provision for the advancement of the weaker sections of society specified in Article 15(4) it has to approach its task objectively and in a rational manner. Undoubtedly, it has to take reasonable and...was struck down by this Court. No doubt, what was challenged was the reservation of seats in an educational institution in favour of members of “backward communities” under Article 15(4) which...the position that reservation can be made under Article 15(4). Indeed, at p. 664 this Court has pointed out:“… what is true in regard to Article 15(...
...the mischief of either Article 15(1) or Article 29(2).13. Article 15(4) was added by the Constitution First Amendment Act, 1951. The object of the amendment was to brin...Articles 15 and 29 in line with Article 16(4). Article 16(4) states that nothing in that Article shall prevent the State from making any provision for the reservation of appointments or posts in f...Indians and Indian Christians and Muslims was held to offend Articles 15(1) and 29(2). This Court pointed out that the omission of a clause like Article 16(4) from Article 29 indicated the intention of...
...but the awareness of deep-rooted inequality in the society reflected in Articles 15 and 16. Fifteen months of the working of the Constitution necessitated amplification of Article 15(3) so as to ensure that any special prov...the purpose of Article 15(4).5. “This was predicated on a realistic appraisal that caste as a principle of social order has persisted over millennia if much more...disorderly and asymmetrical in practice than classical Hindu socio-legal theory depicted it.” Language of Article 15(4) refers to “class” and not caste. Preferential treatment which cannot be struck down as...
...rise to the question of harmonising the conflict between the personal law and the constitutional animation behind Articles 16(4) and 15(4) of the Constitution. The concepts of “equality before law” and “equal protection of ...facilities and opportunities. While Article 15(1) prohibits discrimination on grounds of religion, race, caste, sex, place of birth, Article 15(4) enjoins upon the State, despite the above injunction and t...(2), 15(4) and 16(4) aimed to bring Dalits into national mainstream by providing equalitarian facilities and opportunities. They are designated as “Scheduled Castes” by definition under Article 366(24...
...considering the claims of Scheduled Castes and Scheduled Tribes for appointments, the maintenance of efficiency of administration shall be kept in sight.12. Article 15(4), which...15(1) and 29(2). The wording of Article 15(4) is similar to that of Article 15(3). Article 15(3) was there from the inception. It enables special provisions being made for women ...notwithstanding Article 15(1) which imposes the mandate of non-discrimination on the ground (among others) of sex. This was envisaged as a method of protective discrimination. This same protective discrimination was extended by ...
...petitioners attacked GO No. 1793 of 1970, regarding reservation of 25 per cent of seats for the Socially and Educationally Backward Classes as violative of Article 15(1), read with Article 29 and that it has not been saved ...violates Article 15(1), read with Article 29 and that the reservation was not saved by Article 15(4). It is the view of the High Court that proper investigation and collection of data have not bee...validity of GO No. 1793 of 1970. Suffice it to say that the High Court struck down the said Government Order as violative of Article 15(1) and that it was not saved by Article 15(4) of the...
...discriminatory law (inter alia) on the ground of sex alone, the State, by virtue of Article 15(3), is permitted, despite Article 15(1), to make special provisions for women, thus clearly carving out a permissible d...area of State activity viz. employment under the State. These are in addition to the grounds of prohibition enumerated under Article 15(1) which are also included under Article 16(2). There are, however, certain specific pr....8. What then is meant by “any special provision for women” in Article 15(3)? This “special provision”, which the State may make to improve women's participation in all activities under the supervision an...
...selections made this year.7. The first challenge is to Rule 5 on the ground that it violates Article 15 of the Constitution. Article 15 forbids discrimination against any citizen on the ...that it is a socially and educationally backward class of citizens within the meaning of Article 15(4). Reference in this connection may be made to the observations of this Court in...the provisions contained in Article 15(4). As it was found that members of these castes as a whole were educationally and socially backward, the list which had been coming on from as far back as 1906...
...as the required merit is concerned, except for their respective quota by which the requisite percentage of candidates was to be taken from amongst their respective categories; that under Article 15(4) of...is a creature of the Medical Council Act, 1956 cannot have a right to exercise constitutional powers such as those contained in Article 15(4) or in any manner hamper and thwart the move of the State...to exercise its powers under Article 15(4); that as per the decision in Dr Preeti Srivastava case (1999) 7 SCC 120 not only reservation...
...the ground that it offends Article 15(4) of the Constitution. The petitioners also ask for an order directing the respondents viz. the State and the Principal of the medical college at Trivandrum to...alleges that the list of candidates belonging to the Ezhava/Thiyya community selected for the seats reserved to them under Article 15(4) of the Constitution was published on October 10, 1975 and the...for purposes of Article 15(4).8. When the Government passed the order on May 2, 1966 the Government Order stated inter alia as follows...
...the petitioner belonging to a reserved category on the ground that it affects, and frustrates the very purpose of the constitutional mandate enshrined in Article 15(4) of the Constitution of India. A...previously is not necessarily true. Secondly, there is no rule under Article 15(4) that a student cannot be given the benefit of reservation at more than one stage during the course of his education career...for scholarship etc. and also for admission to postgraduate medical course as reserved candidates, is illegal for and in negation of Article 15(4). The memorandum issued by the Government on the basis...
...B.P Jeevan Reddy, J.— Permissibility of providing reservations under clause (4) of Article 15 of the Constitution of India in postgraduate medical courses is the issue raised....2. Shri Vikas Singh, learned counsel for the appellants urged the following contentions:(1) Article 15(4) does not speak of nor does it permit reservation of seats...in educational institutions. While certain preferences and concessions can be given, reservation of seats is outside the purview of Article 15(4).(2) Even if Article 15(...
...policy laid down in Part IV of the Constitution. Parliament thereafter added clause (4) in Article 15, by the Constitution (First Amendment) Act, 1951, providing that:“Nothing ...Article 15(4) divided backward classes into two categories: backward classes and more backward classes, and reserved 68% of the seats in the Engineering and Medical Colleges and other technical institutions...passed by the State of Mysore “was a fraud on the constitutional power conferred on the State by Article 15(4)” and was liable to be quashed, because the order categorised, contrary to the plain...
...these categories cannot be supported under Article 15(4) being violative of the Regulations which have the force of Law”. Dealing with the contentions of violation of Ordinance 54 of the University of...questioned. It is his argument that the seats are reserved for those communities in the interest of weaker sections of the society and the State under Article 15(4) of the Constitution is competent to do...on that ground. Mr Phadke has also argued that there is no question of violation of Article 15(1) and (2) of the Constitution. It is his argument that in view of the provisions in Article 15(4) of...
...prospectus issued for postgraduate courses does not contain any clause for reservation. They also contended that Article 15(4) is only an enabling provision and the State of Haryana, taking note of various...Gupta, learned Senior Counsel for the respondents and perused all the relevant materials and considered rival contentions.9. Article 15 mandates that the State shall not discriminate against any citizen on...Government to bring forward a legislation or pass an executive order for the benefit of socially and educationally backward classes of citizens and for the Scheduled Castes and Scheduled Tribes. Article 15(4) reads...
...was contended that the list of backward classes provided to the committee was solely made on the basis of caste and as such that list did not conform to the requirements of Article 15(4) of the...AIR 1963 SC 649, (1963) Supp 1 SCR 439 this Court held that though caste is a relevant factor in ascertaining a class for the purpose of Article 15(4), a class...citizens within the meaning of Article 15(4).”29. Rajendran case AIR 1968 SC...
...under the State and make reservation in their favour for such appointments and under Article 15(4) of the Constitution there is an obligation on the State to make special provisions for the...Scheduled Castes, to reserve certain seats in educational institutions under Article 15(4) and in public services of the State under Article 16(4). That part of its constitutional obligation, as stated abo...touchstone of clause (4) of Article 15 and clause (4) of Article 16 of the Constitution. Articles 14, 15 and 16 form a group of provisions guaranteeing equality. Such provisions confer a right of...
...Judge, the argument proceeds, are not corrected, the State may be bound by such observations in the matter when it finally prescribes the criteria for ascertaining the Backward Classes under Article 15(4) of...and occupation of the family concerned as the criteria for Backward Classes within the meaning of Article 15(4) of the Constitution. The order does not take into consideration the caste of an applicant...therein that the impugned order, which was passed under Article 15(4) of the Constitution, was not valid because the basis adopted by the order in specifying and enumerating the socially and educationally...
...). Articles 16(4) and 340(1) were embodied in the Constitution even at the initial stage; but Article 15(4) containing the same expression as in Article 340(1) was subsequently added by the Constitution...History of Article 15(4) of the Constitution34. A legislative historical event that warranted the introduction of clause (4) to Article 15 may be briefly retraced...Article 15 was added by the Constitution (First Amendment) Act. The object of the newly introduced clause (4) to Article 15 was to bring Articles 15 and 29 in line with Articles 16(4), 46...