HIGH COURT MAY 2025 WEEKLY ROUNDUP | Stories on Karan Johar’s personality rights; Former MP Harinarayan Rajbhar’s Bail; Swaran Rekha River Revival; and more
A quick legal roundup to cover important stories from all High Courts this week.
reservation
Are Ex-Military Nursing Service officers considered “ex-servicemen” for State reservation and employment? Supreme Court answers
“Effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces.”
‘EWS candidates can’t claim age relaxation/additional attempts as a matter of right’: MP High Court upholds executive instructions
“A person claiming EWS benefits on account of economic deprivation cannot be said to have faced discrimination on the basis of the caste, which unfortunately, in a casteist society, casts stigma by birth and can never be changed by the person.”
SC stays proceedings before Karnataka HC deciding HC’s jurisdiction to decide election dispute questioning caste of a returned candidate
The matter revolved around the respondent questioning the petitioner’s election to Jagaluru Vidhan Sabha Constituency contending that the petitioner did not belong to Scheduled Tribe but belonged to the Other Backward Community.
Why Karnataka High Court dismissed pleas on Reservation of Women in Bengaluru Advocates Association Elections?
The Court said directions regarding ensuring reservation of women advocates had been issued by the Supreme Court under Art. 142 and same cannot be done by the High Court.
Supreme Court Constitution and Larger Bench Judgments which steered India’s course in 2024
The Supreme Court’s 2024 decisions have marked a significant turning point in the country’s legal and constitutional framework. Key rulings delivered by Constitutional Benches on Electoral bonds, private property, royalty as tax, AMU’s minority status, sub-classification within reserved categories, etc. have left an impact on fundamental rights, political transparency and tax regime, shaping India’s socio-political landscape, influencing both public policy and the broader democratic process.
Know Thy Judge | Justice Satish Chandra Sharma – Supreme Court of India
Following a meticulous assessment of the qualifications, integrity, capabilities and giving due consideration to a range of factors, the President appointed Justice Satish Chandra Sharma as Judge of the Supreme Court of India on 09-11-2023.
Conversion to derive reservation benefit without actual belief in other religion can’t be permitted: SC
In the instant case, the Court rejected the appellant’s contention that caste would be under eclipse upon conversion and will resume upon reconversion.
J&K High Court seeks Govt’s response on reservation policy for transgender community in J&K
The Deputy Solicitor General of India (DSGI), filed a status report on behalf of the UT of Ladakh, stating that a committee is formed to identify the actual number of transgender individuals in both Leh and Kargil Districts.
Delhi HC upholds order by CAT allowing appointment of Scheduled Caste candidate holding Caste Certificate not issued by State of Delhi
‘NCT of Delhi is giving reservation to one category and denying the same to another, which is sheer discrimination and cannot be permitted.’
Decoding Sub-Classification in SCs
by G.B. Reddy* and Pavan Kasturi**
Supreme Court Roundup August 2024| Stories on Kolkata rape and murder case; Sub-classification of SC/STs; NEET UG 2024; Delhi excise policy scam; Mineral Rights; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on Kolkata rape and murder case; Sub-classification of SC/STs; NEET UG 2024; Patanjali Misleading Ads case; Delhi excise policy scam; Mineral Rights; and more. It also covers top stories; Never reported Judgments; Cases Reported in SCC Weekly in August; Know thy Judges.
Compartmentalised Horizontal Reservation: SC holds restriction on meritorious reserved category candidates’ migration to unreserved seats unsustainable
“The appellants were deprived of their legitimate claim of admission against the UR-GS category due to an erroneous application of the methodology in applying the horizontal and vertical reservation”.
‘Only Parliament can include in or exclude from SCs list under A. 341’: A detailed breakdown of Justice Bela Trivedi’s dissent in Sub-classification of SC/STs Verdict
“State has neither executive nor legislative power to sub-classify or sub-divide or re-group the castes, races or tribes specified as the “Scheduled Castes” in the Presidential List notified under Article 341. Under the guise of providing reservation or under the pretext of taking affirmative action for the weaker of the weakest sections of the society, the State cannot vary, nor tinker the Presidential List.”
Identify and exclude ‘creamy layer’ among SC/ STs from reservation: Supreme Court in Sub-classification of SC/STs Verdict
“The criteria for exclusion of the creamy layer from the SCs and STs for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”
‘Indra Sawhney did not limit sub-classification to OBCs; Sub-classification of SC/STs permissible’: A point wise breakdown of Majority Ruling in SC’s 6:1 Verdict
“Article 341 does not create an integrated homogenous class. Sub-classification within the Scheduled Castes does not violate Article 341(2) because the castes are not per se included in or excluded from the List.”
Bombay HC denies protection of education to doctor who secured admission on false caste certificate; upholds Caste Certificate Scrutiny Committee’s order
The Court reiterated the findings of the Supreme Court in State of Maharashtra v. Milind, (2001) 1 SCC 4, that the benefits drawn by a candidate not belonging to a scheduled tribe, must be considered to having been drawn on the basis of a false caste certificate; such benefits are required to be withdrawn.
‘State of Bihar is neither a far flung or remote area nor out of mainstream of national life’; Patna HC sets aside 2023 Amendment Acts increasing reservation for SCs, STs, and Backward Classes to 65%
The Court noted that after the collection of data for Caste survey, there was a frog leap into the amendment enhancing the reservations beyond 50%, which was on proportionate representation in the services of the State and educational institutions, which was clearly not permissible under Articles 15(4) and 16(4).
‘Transgender is a gender identity; State should not have treated transgender as caste under MBC category’; Madras HC directs State to provide horizontal reservation to transgenders
“Once gender identity is given horizontal reservation, it follows that the transgender community, being a socially and educationally backward community discriminated based on gender identity, should also be entitled to similar reservation.”