2014 AIR SCW 2859 ::2014 (4) AIR Bom R 148 ::(2014) 2 CLR 163 (SC) ::2014 (8) SCC 1 ::(2014) 7 Scale 306 ::AIR 2014 SC (Civ) 1583 ::(2014) 3 Bom CR 496 ::(2014) 2 Guj LH 443 ::(2014) 4 ESC 678 ::(2014) 4 Mad LJ 486 ::(2014) 2 JLJR 505 ::(2015) 2 Kant LJ 70 ::(2014) 4 JCR 260 (SC) ::(2014) 2 Ker LT 547 ::(2014) 3 Raj LW 2007 ::(2014) 3 Pat LJR 86 ::(2014) 3 SCT 80 ::(2014) 5 ServLR 139 ::(2014) 5 All WC 5048

Supreme Court Of India

Hon'ble Judge(s): R. M. Lodha, A. K. Patnaik, S. J. Mukhopadhaya, Dipak Misra, F. M. Ibrahim Kalifulla , JJJ

(A) Constitution of India , Art.15(5)— Equality of opportunity to SEBC's, S.C. and S.T. citizens in matter of admission to educational institutions - Article 15(5) is enabling provision - Not exception or proviso overriding Art. 15. Despite provisions in Art. 15(1) and (2) of the Constitution as originally adopted, some classes of citizens, Scheduled Castes and Scheduled Tribes have remained socially and educationally backward and have also not been able to access educational institutions for the purpose of advancement. To amplify the provisions of Art. 15 of the Constitution as originally adopted and to provide equal opportunity in educational institutions, Cl. (5) has been inserted in Art. 15 by the constitutional amendment made by the Parliament by the Ninety-Third Amendment Act, 2005. As the object of Cl. (5) of Art. 15 of the Constitution is to provide equal opportunity to a large number of students belonging to the socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes to study in educational institutions and equality of opportunity is also the object of Cls. (1) and (2) of Art. 15 of the Constitution, it cannot be said that Cl. (5) of Art. 15 of the Constitution is an exception or a proviso overriding Art. 15 of the Constitution. It is an enabling provision to make equality of opportunity promised ....