Trace Your Case

ISSUE:

Whether the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the Posts in Civil Services of the State) Act, 2018 (“2018 Reservation Act”), is constitutionally valid or not?

Whether a new statute introducing provisions similar to those struck down by the Supreme Court is invalid, when the grounds for striking down the previous Act have been cured?

Whether the principle of “efficiency of administration” under Article 335 of the Constitution is met by the 2018 Reservation Act?

Whether the concept of creamy layer applies to grant of seniority as a consequence of promotion on basis of reservation?

RULE:

Article 16(4A) of the Constitution permits the state to provide reservations in promotions for SC/STs if there is inadequate representation in services and such measures do not compromise the efficiency of administration.

Article 335 of the Constitution requires that claims of SC/STs be balanced with maintaining administrative efficiency.

Legislative actions addressing judicial decisions are valid if they correct the underlying basis of the court’s ruling without overriding it.

Subscribe to Read More.
Login Join Now