Decoding Sub-Classification in SCs
by G.B. Reddy* and Pavan Kasturi**
reservation
Supreme Court Roundup August 2024| Stories on Kolkata rape and murder case; Sub-classification of SC/STs; NEET UG 2024; Delhi excise policy scam; Mineral Rights; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on Kolkata rape and murder case; Sub-classification of SC/STs; NEET UG 2024; Patanjali Misleading Ads case; Delhi excise policy scam; Mineral Rights; and more. It also covers top stories; Never reported Judgments; Cases Reported in SCC Weekly in August; Know thy Judges.
Compartmentalised Horizontal Reservation: SC holds restriction on meritorious reserved category candidates’ migration to unreserved seats unsustainable
“The appellants were deprived of their legitimate claim of admission against the UR-GS category due to an erroneous application of the methodology in applying the horizontal and vertical reservation”.
‘Only Parliament can include in or exclude from SCs list under A. 341’: A detailed breakdown of Justice Bela Trivedi’s dissent in Sub-classification of SC/STs Verdict
“State has neither executive nor legislative power to sub-classify or sub-divide or re-group the castes, races or tribes specified as the “Scheduled Castes” in the Presidential List notified under Article 341. Under the guise of providing reservation or under the pretext of taking affirmative action for the weaker of the weakest sections of the society, the State cannot vary, nor tinker the Presidential List.”
Identify and exclude ‘creamy layer’ among SC/ STs from reservation: Supreme Court in Sub-classification of SC/STs Verdict
“The criteria for exclusion of the creamy layer from the SCs and STs for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”
‘Indra Sawhney did not limit sub-classification to OBCs; Sub-classification of SC/STs permissible’: A point wise breakdown of Majority Ruling in SC’s 6:1 Verdict
“Article 341 does not create an integrated homogenous class. Sub-classification within the Scheduled Castes does not violate Article 341(2) because the castes are not per se included in or excluded from the List.”
Bombay HC denies protection of education to doctor who secured admission on false caste certificate; upholds Caste Certificate Scrutiny Committee’s order
The Court reiterated the findings of the Supreme Court in State of Maharashtra v. Milind, (2001) 1 SCC 4, that the benefits drawn by a candidate not belonging to a scheduled tribe, must be considered to having been drawn on the basis of a false caste certificate; such benefits are required to be withdrawn.
‘State of Bihar is neither a far flung or remote area nor out of mainstream of national life’; Patna HC sets aside 2023 Amendment Acts increasing reservation for SCs, STs, and Backward Classes to 65%
The Court noted that after the collection of data for Caste survey, there was a frog leap into the amendment enhancing the reservations beyond 50%, which was on proportionate representation in the services of the State and educational institutions, which was clearly not permissible under Articles 15(4) and 16(4).
‘Transgender is a gender identity; State should not have treated transgender as caste under MBC category’; Madras HC directs State to provide horizontal reservation to transgenders
“Once gender identity is given horizontal reservation, it follows that the transgender community, being a socially and educationally backward community discriminated based on gender identity, should also be entitled to similar reservation.”
[Reservation for Disabled Persons] Delhi High Court directs Indian Nursing Council to address discrimination claim over Clause 8 in Nursing Regulations, 2020
Clause 8 under ‘Admission Terms and Conditions’ of the Indian Nursing Council (Revised) Regulations and Curriculum for B.Sc. (Nursing Program) Regulations, 2020 reserves seats only for candidates with loco-motor disabilities of 40% to 50% of the lower extremity, thereby excluding candidates with other disabilities such as Muscular Dystrophy, Dwarfism, Acid Attack Victims, Low Vision, Hearing Impairment, Speech Disability, and Intellectual Disability.
Inside Supreme Court verdict on treatment of meritorious reserved category candidates in MP State Service Exam
“One lapse on the part of the State is all it took to generate this litigation, impacting multitudes of job aspirants in the State of Madhya Pradesh. The lapse was the amendment of an existing service rule on 17-02-2020 which was recalled thereafter on 20-12-2021, restoring the rule to its original position, but in the interregnum that amended rule was applied to an ongoing recruitment process.”
SC Clarifies: Order reserving seats for women members in SCBA is an experimental pilot project
In the previous order, Supreme Court directed for reserving some of the posts in the Executive Committee of SCBA for women members of the Bar.
3 years practice or 70% marks in bachelor’s degree mandatory for Civil Judge exam: MP High Court upholds validity of amendment in MP Judicial Service Rules
“The language used in the instant amendment is neither ambiguous nor calls for any interpretation. The expression used in the amendment is clear and cogent.”
Justice Aniruddha Bose Bids Farewell to the Supreme Court: A Throwback to his Stellar Tenure
Justice Aniruddha Bose, who retires on 10-04-2024 after a tenure of 5 years, had served the High Courts of Calcutta and Jharkhand as a Judge and Chief Justice respectively prior to being elevated to the Supreme Court in 2019.
2024 SCC Vol. 1 Part 2
Reservation, Concession, Exemption, Relaxation and Affirmative Action — Caste/Tribe Certificate: Matters to be considered while determining whether cancellation of caste certification is
Supreme Court’s 7-Judge Bench to begin hearing on Validity of Sub-classification among Reserved Categories from January 17th
The 5-Judge Bench referred the matter to a 7-Judge Bench, due to immense public importance of the appeal against E.V. Chinnaiah case involving the interpretation of Articles 14, 15, 16, 338, 341, 342, and 342A of the Constitution.
Reservation is not required to be provided while appointing Law Officers by Government: Madras High Court
The relationship between the government and the Law Officer is purely a professional relationship and not that of a master and servant
‘Disabled persons compelled to run pillar to post by organisation like KVS’; Delhi High Court directs Social Justice Ministry to issue guidelines for the implementation of reservation policy
It is unfortunate that disabled persons are being compelled to file writ petitions and are being compelled to run from pillar to post by an organization like KVS. They are not claiming any charity, and they are claiming their rights as guaranteed to them under the RPwD Act.
Read why Allahabad HC took suo motu cognizance of deficiencies in running child care institutions
Allahabad High Court directed the State Government to undertake an exercise for admission of the children in reputed schools in the vicinity of the homes.