Test

 Jarnail sing case vs laksminarayan gupta 2018 20. The learned Attorney General also requested us to lay down that the proportion of Scheduled Castes and Scheduled Tribes to the population of India should be taken to be the test for determining whether they are adequately represented in promotional posts for the purpose of Article 16(4-A). He complained that Nagaraj (supra) ought to have stated this, but has said nothing on this aspect. According to us, Nagaraj (supra) has wisely left the test for determining adequacy of representation in promotional posts to the States for the simple reason that as the post gets higher, it may be necessary, even if a proportionality test to the population as a whole is taken into account, to reduce the number of Scheduled Castes and Scheduled Tribes in promotional posts, as one goes upwards. This is for the simple reason that efficiency of administration has to be looked at every time promotions are made. As has been pointed out by B.P. Jeevan Red...

  upreme Court of India Jarnail Singh vs Lachhmi Narain Gupta . on 26 September, 2018 Equivalent citations: AIR 2018 SUPREME COURT 4729, 2018 (10) SCC 396, 2018 LAB IC 4509, AIR 2019 SC (CIV) 274, (2018) 7 MAD LJ 573, (2018) 4 SCT 445, (2019) 2 SERVLR 130, (2018) 11 SCALE 530, (2018) 5 KANT LJ 689, (2018) 4 PAT LJR 108, (2018) 3 SERVLJ 13, (2019) 1 ALL WC 605, (2018) 4 JLJR 93, AIRONLINE 2018 SC 240 Author: R.F. Nariman Bench: Indu Malhotra , Sanjay Kishan Kaul , R.F. Nariman , Kurian Joseph , Dipak Misra 20. The learned Attorney General also requested us to lay down that the proportion of Scheduled Castes and Scheduled Tribes to the population of India should be taken to be the test for determining whether they are adequately represented in promotional posts for the purpose of Article 16(4-A). He complained that Nagaraj (supra) ought to have stated this, but has said nothing on this aspect. According to us, Nagaraj (supra) has wisely left the test for determining adequacy of repre...

 Poverty is also social backwardness    In hint section The  backwardness  under  Art. 15 (4)  must  be  social  and educational.  It is not either social or educational, but it is both social and educational.  Though caste in relation to Hindus  may be a relevant factor to consider in  determining the social backwardness of groups or classes of citizens, it cannot be made the sole or dominant test.  There are certain sections  of  Indian  society  such  as  Christians,  Jains, Muslims,  etc., who do not believe in caste system, and  the test  of  caste does not apply to  them.   Moreover,  social backwardness  is  in  the Ultimate analysis  the  result  of poverty to a very large extent. 442 The   classes   of   citizens  who   are   deplorably  ...

  Indra Sawhney Etc. Etc vs Union Of India And Others, Etc. ... on 16 November, 1992     ORDER   1. Judgment of The Chief Justice, M.N. Venkatachallah, A.M. Ahmadi and B.P. Jeevan Reddy, JJ. Delivered by B.P. Jeevan Reddy, J.   B.P. Jeevan Reddy, J       para 2. reservation was given   due   to   oppresion   of   shudra   centuries after   centuries by higher   caste   in   view   of   supreme court judjes       207entire caste and every member of the caste must be backward to call it as backward class so creamy layer was applied by court 225about entire population of muslim was kept in obc 236/ 240 /241 blame on upper caste by court 226   neo baudhist 229 blaming hindu religion for caste system on muslim christians by court on the basis of mandal report 286 , 287 llustrating wrong example of a horse race infact obc sc who are st...