E-Paper
SC rejects pleas against K’taka govt law on quota to SCs, STs
New Delhi: The Supreme Court on Thursday rejected a bunch of pleas seeking exclusion of creamy layer or better-off individuals among Scheduled Caste (SC) and Scheduled
New Delhi: The Supreme Court on Thursday rejected a bunch of pleas seeking exclusion of creamy layer or better-off individuals among Scheduled Caste (SC) and Scheduled Tribe (ST) communities at the entry-level when it comes to the reservation in promotions.
It observed the pleas were an attempt by the petitioners to challenge the actions of the Karnataka government taken pursuant to a law, which was already held to be valid by the top court in 2019.
“The present MAs [miscellaneous applications] though styled as applications for directions, seek to lay challenge to the actions of the State government to carry into effect the provisions of the Reservation Act 2018,” a bench of justices UU Lalit and DY Chandrachud observed.
The applications were filed in the BK Pavitra case in which the top court had, in 2019, upheld the constitutional validity of the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservations (to the Posts in the Civil Services of the State) Act.
If the petitioners are aggrieved by the steps taken by the state government, it is open to them to pursue a substantive remedy for challenging the steps taken by the state government in independent proceedings, the court said dismissing the applications.
The Act enacted by the Karnataka government provides, among other things, for consequential seniority to persons belonging to SC and ST categories promoted under the reservation policy of Karnataka.
Consequential seniority enables reserved category candidates to retain their seniority for subsequent promotions. That is, if an SC/ST candidate is promoted ahead of a general category candidate by reason of reservation in promotion, then the promoted SC/ST candidate will retain that seniority for subsequent promotions and will thus be considered senior to general category candidate who was promoted later.
The Supreme Court in its 2019 judgment had held that the Act was a valid exercise of power by the government under Article 16 (4A) which empowers the state to provide reservations to SC/STs in matters of promotion.
After the judgment was delivered, the Karnataka government issued orders for implementing the Act.
One such order was passed on May 15, 2019, which lifted an earlier stay on implementing the Act. Another was a circular issued on June 24 listing out some FAQs concerning the preparation of seniority list.
“The present MAs are, in effect, a substantive challenge to the actions of the State government in implementing the Reservation Act 2018 through the GO dated 15 May 2019 and the circular dated 24 June 2019,” the court held.
