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ART. 15 THE CONSTITUTION OF INDIA 41
minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.
Explanation.—For the purposes of this article and Article 16, "economically weaker sections" shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.]
COMMENTS
Discrimination on the ground of ‘sex’ under Articles 15 and 16, includes discrimination on the ground of gender identity. The expression ‘sex’ used in Articles 15 and 16 is not just limited to biological sex of male or female, but intended to include people who consider themselves to be neither male or female. (National Legal Services Authority v Union of India, AIR 2014 SC 1863 : (2014)5 SCC 438).
Discrimination alleged on the ground of religion must be solely on the ground of religion. (Ewanlangki-e-Rymbai v Jaintia Hills District Council, AIR 2006 SC 1589 : (2006)4 SCC 748).
Reservation on the basis of domicile is permissible. (Saurabh Chaudri v Union of India, AIR 2004 SC 361 : (2003)11 SCC 146).
Ban on employment of women in Hotels, Bars serving liquor. Articles 14, 15 and 16 violated. (Anuj Garg v Hotel Association of India, AIR 2008 SC 663 : (2008)3 SCC 1).
Gender equality - Freedom of women - State of Maharashtra v Indian Hotel & Restaurants Association, AIR 2013 SC 2582 : (2013)8 SCC 519
Eve teasing is violative of Articles 14 and 15. (Deputy Inspector General of Police v S. Samuthiram, AIR 2013 SC 14 : (2013)1 SCC 598).
Schedule Caste - Status by marriage - A person who is a high caste Hindu and not subjected to any social or educational or backwardness in his life, by reason of marriage alone cannot ipso facto become a member of Schedule Caste or Schedule Tribe. Further proof that he has been accepted by the society is necessary. (Meera Kanwaria v Sunita, AIR 2006 SC 597 : (2006)1 SCC 344).
Clause in Artists and Hair Dressers Association restricting membership to men offends Articles 15 and 21. (Charu Khurana v Union of India, AIR 2015 SC 839 : (2015)1 SCC 192).
Where reserved category candidates were not available, posts were filled up by open merit candidates. Held, no illegality. (K.H. Siraj v High Court of Kerala, AIR 2006 SC 2339 : (2006)6 SCC 395).
Reservation rule does not apply to speciality and super-speciality faculty posts in medicine. (Faculty Association of AIIMS v Union of India, AIR 2017 SC 1590 : (2013)11 SCC 246; Indra Sawhney v Union of India, AIR 1993 SC 477 : (1992) Supp. (3) SCC 217).
Admission in super specialty course - 100% reservation of seats for local candidates - Unconstitutional. (Puneet Gulati v State of Kerala, AIR 2011 SC 3571 : (2011)12 SCC 722 : 2011 AIR SCW 5071).
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