Justice R.M. Sahai 617. Promotion is the most sensitive branch of service jurisprudence. Although its purpose is manifold but the principal objective is, ‘to secure the best possible incumbents for…
Justice R.M. Sahai 613. Equality has various shades. Its understanding and application have been shaped by social, economic and political conditions prevailing in the society. The reigning philosophy since l8th…
Justice R.M. Sahai 609. Article 16(1), (2) and (4) is extracted below : “16. Equality of opportunity in matters of public employment. (1) There shall be equality of opportunity for…
Justice R.M. Sahai 606. After applying these tests, the economic criteria or the means test should be applied. Poverty is the prime cause of all backwardness. It generates social and…
Justice R.M. Sahai Article 25 is pride of our democracy. But that cannot be basis of State activities. May be caste is being exploited for political ends. Chinnappa Reddy, J.…
Justice R.M. Sahai 589. Use of expression, ‘nothing in this Article shall prevent Parliament’ in Article 16(4) cannot be read as empowering the State to make reservation under Article 16(4)…
Justice R.M. Sahai 581. From out of various backward class of citizens who could be provided protection under Article 16(4) the President has been empowered by Article 340 to appoint…
Justice R.M. Sahai 578. Caste has never been accepted by this Court as exclusive or sole criteria for determination or identification of backward class. That is why the communal Government…
Justice R.M. Sahai 576. ‘Caste is a reality’. Undoubtedly so are religion and race. Can they furnish basis for reservation of posts in services ? Is the State entitled to…
Justice R.M. Sahai 573. Both the words ‘backward’ and ‘class’ thus are of very wide import. Assuming the two words as one and reading it as, ‘backward class’ the question…
