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1995 Supreme(SC) 1002

S.C.AGRAWAL, B.P.JEEVAN REDDY
Air India LTD. – Appellant
Versus
B. R. Age – Respondent


Advocates:
A.Subhashini, ANAND PRASAD, C.S.S.RAO, C.V.FRANCIS, K.N.BHATT, KIRAN ACHARYA, LALIT BHASIN, MANISH PRADIP, MINA GUPTA, NARAIN B.SHETYE, P.H.Parekh, RAJIV TYAGI, U.A.RAMA, VINIT KUMAR

Judgement

B. P. JEEVAN REDDY, J.:- Civil Appeals Nos. 325 and 551 of 1981 are preferred against the judgment of a learned Single Judge of the Bombay High Court allowing the writ petition filed by respondents, B.R. Age, and others and quashing the directions given by the Central Government on July 23, 1975 to Air India to provide reservation for Scheduled Castes and Scheduled Tribes in the services under the Corporation. The directions were issued under Section 34(1) of the Air Corporations Act, 1953. The directions are very elaborate in nature, the sum and substance whereof is to provide reservations in the matter of appointments or posts under the Corporation. The respondents-writ petitioners contended before the Bombay High Court that the directions so given are ultra vires the powers of the Central Government, not being within the ambit of Section 34(1) of the said Act. They submitted that the said directions cannot also be justified with reference to Clause (4) of Article 16 of the Constitution inasmuch as before giving the said directions, the Central Government had not formed the requisite satisfaction that the members of Scheduled Castes and Scheduled Tribes are not adequatel













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