...Scheduled Tribes with consequential seniority as engrafted under Articles 16(4-A) and 16(4-B) and the facet of relaxation grafted by way of a proviso to Article 335 of the Constitution of India..., (1992) 22 ATC 385, AIR 1993 SC 477, Section 3 of the 1994 Act, Article 335 of the Constitution and quoted in extenso from M...construed as warranting reservation even in the matter of promotion it would be contrary to the mandate of Article 335 viz. maintenance of efficiency in administration. It is submitted that such a...

...16(4) has to be construed in the light of Article 335 of the Constitution. Inadequacy in representation and backwardness of the Scheduled Castes and Scheduled Tribes are circumstances...under Article 16(4) as well as Article 16(4-A) come in the form of Article 335 of the Constitution.45. … The basic presumption, however, remains that it...identify and measure backwardness and inadequacy keeping in mind the efficiency of service as required under Article 335.”21. The above discussion led this...

...which effect may be given to the provisions of Article 335.(5) All regulations made under the proviso to clause (3) by the President or the Governor of a...Commission in respect to the manner in which any provision referred to in Article 16(4) may be made or the manner in which the effect may be given to the provisions of Article 335. We may peruse...clause (4) of Article 16 and Article 335. They read as follows:“16.(4) Nothing in this article shall prevent the State from making any provision for the reservation of...

...evaluation was not permissible under Article 16(4) of the Constitution of India in view of Article 335. Though Article 16(4-A) had been brought into the Constitution by the..., by the Constitution (Eighty-second Amendment) Act, 2000, a proviso has been appended to Article 335 of the Constitution with effect from 8-9-2000. The proviso reads as follow...reservation in promotion was not permissible under Article 16(4) in view of Article 335 of the Constitution. This was also the view in Indra Sawhney 1992 Supp (3) SCC 217...

...which is barred by Article 335 of the Constitution.”6. It was furthermore held: (S. Jaffer Saheb case...administrative efficiency and is presumably barred by Article 335’. Lowering of standards for the purpose of compensatory discrimination is limited to competing commitments to efficient administration...candidates having regard to the provisions of Article 335 of the Constitution of India per se should not allow the State and the Commission to stop all the candidates at the first gate and...

...not adequately represented in the services under the State.(5) * * *Article 335 reads as follows...context and background of Article 335 of the Constitution. In other words, in making a provision for reservation of appointments or posts the Government has to take into consideration not only...would be unwise and impermissible to make any reservation at the cost of efficiency of administration. That undoubtedly is the effect of Article 335. Reservation of appointments or posts may...

...administration under Article 335. These impugned amendments are confined only to SCs and STs. They do not obliterate any of the constitutional requirements, namely, ceiling limit of 50...representation of that class in public employment in addition to compliance with Article 335. It is made clear that even if the State has compelling reasons, as stated above, the State will have to...Article 335.(ii) Article 16(4) which protects the interests of certain sections of the society has to be balanced against Article 16(1) which protects the...

...necessary for promotion is not conducive to the maintenance of efficiency of administration and violates not only Article 335 of the Constitution but also Article 16(1...and economic interests of the Scheduled Castes and scheduled tribes and to protect them from any social injustice and exploitation. Article 335 enjoins that the claims of the members of the...Article 335 in consideration of they claims to redress imbalance in public service and to bring about parity in all communities in public services.42. The High Court was...

...provisions of Article 335 of the Constitution of India which specifically provides for maintenance of efficiency of Administration. The benefit of vertical reservation cannot be..., they are merely enabling provisions, while Article 335 is in mandatory language. (Vide Akhil Bharatiya Soshit Karamchari Sangh (Railway) v. Union of India;5 Indra Sawhney v...Article 335 of the Constitution must also be considered when claims of Scheduled Castes and Scheduled Tribes to employment in the services of the Union are to be considered.”11...

...dated 6-10-1995 reads thus:“In exercise of the powers conferred by the proviso to Article 309 read with Clause (4) of Article 16 and Article 335 of the Constitution of India, the...made and not prior thereto.16. The State, in exercise of its power conferred upon it under the proviso appended to Article 309 of the Constitution of India, is...

...social backdrop is one of the constitutional imperatives, as the backward are able to secure adequate representation in the services, the reservations will not be required. Article 335 enters...on the anvil of reasonableness and ultimate public good. In the case of Article 16(4) the Constitution-makers explicitly spelt out in Article 335 one such public good which.... Those undergoing these programmes are expected to occupy posts in the teaching hospitals or discharge duties attached to such posts. The elements of Article 335, therefore, colour the selection of...

...Article 335 of the Constitution of India, including (i) why are the claims of SCs/STs not taken into consideration while making appointments on promotions 1...Article 335 of the Constitution of India, including (i) why are the claims of SCs/STs not taken into consideration while making appointments on promotions (ii) what is the difference between...the meaning of Word First Appointment and Appointment after Promotion and (iii) what is the difference between Claim and Reservation in Law as referred to in Article 335, 330 & 332 respectively...

...scheduled tribes. The petitioner's Counsel placed reliance on Article 335 of the Indian Constitution in this regard. Article 335 reads as follows:“335...certain claims which require to be considered by the authorities. Proviso to Article 335 deals with relaxation in qualifying marks in any examination in matters of promotion to any class or classes of...such services. Though such special claims are entitled for consideration at the “entry point”, Article 335 does not provide for any claims of Scheduled Casts or Scheduled Tribes at the “exit point” i.e...

...give him 8 grace marks by revaluing his answer sheets on the ground that he belongs to reserved category of scheduled tribes. The petitioner s counsel placed reliance on Article 335 of...the Indian Constitution in this regard. Article 335 reads as follows: 335. Claims of Scheduled Castes and Scheduled Tribes to services and posts:- The claims of the...scheduled tribes are entitled for certain claims which require to be considered by the authorities. Proviso to Article 335 deals with relaxation in qualifying marks in any...