Minority Institutions and Constitutional Duty under Article 21A
The article is an excerpt from the judgment Anjuman Ishaat E. Taleem Trust v. The State of Maharashtra and ors. (2025 SCC Online SC 1912) 152. An argument which has…
TET Requirement for Pre-2009 In-Service Teachers and Promotion
The article is an excerpt from the judgment Anjuman Ishaat E. Taleem Trust v. The State of Maharashtra and ors. (2025 SCC Online SC 1912) 164. There are yet two…
Reservation in favor of Economically Backward Classes: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 867. This clause provides for a 10% reservation (in appointments/posts) in favour of economically backward sections among the open competition (non-reserved) category. Though the criteria is not…
Whether Article 16(4) provides reservation in promotion as well?: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai One of us, Ahmadi, J. is of the opinion that this question does not arise for consideration in these writ petitions and hence need not be answered.…
Was Devadasan correctly decided: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 836. The rule (providing for carry forward of unfilled reserved vacancies as modified in 1955) struck down in Devadasan (AIR 1964 Supreme Court 179) read as follows…
Whether a year should be taken as the unit or the total strength of the cadre, for the purpose of applying the 50% rule: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 834. The next aspect of this question is whether a year should be taken as the unit or the total strength of the cadre, for the purpose…
Vertical Reservation and Horizontal Reservation: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 831. In this connection it is well to remember that the reservations under Article 16(4) do not operate like a communal reservation. It may well happen that…
To what extent can the reservation be made: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai (a) Whether the 50% rule enunciated in Balaji a binding rule or only a rule of caution or rule of prudence? (b) Whether the 50% rule, if…
Whether Backward Classes can be further divided into backward and more backward categories?: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 817. In Balaji (AIR 1963 Supreme Court 649) it was held “that the sub-classification made by the order between Backward Classes and more backward classes does not…
Whether a class should be situated similarly to the SC/ST for being qualified as a Backward Class?: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 811. In Balaji (AIR 1963 Supreme Court 649) it was held “that the backward classes for whose improvement special provision is contemplated by Article 15(4) are in…