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THE CONSTITUTION OF INDIA ART. 16
Equal pay for equal work - Articles 14, 16 and 39(e) contemplate the principle of “equal pay for equal work”. (Randhir Singh v Union of India, AIR 1982 SC 879 : (1982)1 SCC 618).
Classification made between aided staff and unaided staff unreasonable. Non-teaching staff of unaided colleges were held entitled to pay-scales recommended by Vth Pay Commission. (Secretary, Mahatma Gandhi Mission v Bhartiya Kamgar Sena, AIR 2017 SC 505 : (2017)4 SCC 449).
Reservation - The reservations should not be so excessive as to render the Fundament Right under Article 16(1) of the Constitution meaningless. (Jitendra Kumar Singh v State of U.P., AIR 2010 SC 1851 : (2010)3 SCC 119).
The result of application of carry forward rule, in whatever manner it is operated, shall not result in breach of 50% rule. (Indra Sawhney v Union of India, AIR 1993 SC 477 : 1992 AIR SCW 3682 : 1992 Supp. (3) SCC 217).
Utmost care has to be taken that the 50% maximum limit placed on reservation in any particular year by Court in Indra Sawhney case (1992 AIR SCW 3682) must be maintained. It must further be ensured that in making reservations for the members of the Scheduled Castes and Scheduled Tribes, the maintenance of the efficiency of administration is not impaired. (Jitendra Kumar Singh v State of U.P., AIR 2010 SC 1851 : (2010)3 SCC 119).
Posts of Professor, Reader, Lecturer in University - Reservation Rules would apply. Faculty wise, discipline wise reservation should be specified in the advertisement. U.P. Public Services (SC, ST & BC) Act, 1994. (State of U.P. v Dr. Dina Nath Shukla, AIR 1997 SC 1095 : (1997)9 SCC 662).
Backward reservation - “Creamy layer” - Computation of total income - Only the parents’ income shall be taken into consideration, income of the candidate/his spouse shall not be taken into account. (Surinder Singh v Punjab State Electricity Board, Patiala, AIR 2015 SC 537 : (2014)15 SCC 767).
Held, judgment of Supreme Court in Nagaraj case (AIR 2007 SC 71), regarding applicability of creamy layer need not be referred to Larger Bench. However judgment in Nagaraj case to the extent that the State has to collect quantification data for showing backwardness of SC & ST is contrary to judgment of Supreme Court in Indira Sawhney case AIR 1993 SC 477 held invalid to the extent. (Jarnail Singh v Lachhmi Narain Gupta, AIR 2018 SC 4729 : 2018(5) Kar LJ 689 (SC).
Reservation benefits - Creamy layer in backward class - Courts can exclude creamy layer from such group/sub-groups on ground of equality enshrined in Arts 14 and 16 of the Constitution. (Jarnail Singh v Lachhmi Narain Gupta, AIR 2018 SC 4729 : 2018(5) Kar. L.J. 689 (SC).
Reservation of Backward classes - Presidential orders with regard to SC and ST cannot be varied by any authority including Court. SC and
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