Supreme Court dismisses pleas against post-based reservation in Karnataka

The Supreme Court on Thursday rejected a series of pleas to apply post-based reservation and creamy layer principle at entry level with regard to promotions to SC and ST employees in Karnataka.

A Bench of Justices U.U. Lalit and D.Y. Chandrachud said the pleas challenged the State’s move to implement its Reservation Act of 2018 after the constitutional validity of the law was upheld by the apex court in May 2019. The 15-page judgment suggested that the applicants could challenge the provisions in “independent proceedings.”

“The present MAs [Miscellaneous applications] are, in effect, a substantive challenge to the actions of the State government in implementing the Reservation Act 2018 through the government order dated May 15, 2019 and the circular dated June 24, 2019. If the applicants are aggrieved by the steps which have been taken by the State government, it is open to them to pursue a substantive remedy for challenging the steps taken by the State in independent proceedings,” the apex court said.

The application sought a direction from the apex court to “re-work” all promotions on the basis of ‘post based reservations’. Secondly, they asked the court to direct Karnataka to apply ‘creamy layer’ principle. Thirdly, the applications had urged the court to ensure that the State implements its Reservation Act 2018 in compliance with the apex court decision in Nagaraj case, that is to extend reservation for SC/ST to promotions with certain conditions.

The court said the pleas were “not maintainable.”

The government order of May 15 last year had lifted the State’s earlier stay on implementation of the reservation law and the June 24, 2019 circular contained frequently asked questions and their answers with regard to preparation of seniority list.

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Printable version | Aug 14, 2020 5:29:08 PM | https://www.thehindu.com/news/national/karnataka/supreme-court-dismisses-pleas-against-post-based-reservation-in-karnataka/article31113125.ece

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