SC Dismisses Applications Challenging Karnataka Government steps to Implement SC-ST Reservation in Promotions As ‘Not Maintainable’

The Supreme Court has rejected as not maintainable the miscellaneous applications questioning the state government's directions and clarifications in enforcing the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Quotas (to the State Posts in Civil Services) Act 2018. The Bench of Justices Uday Umesh Lalit and Dhananjaya Y. Chandrachud did not determine the case on merits and left it open to the claimants to seek a legal remedy to appeal the actions taken in separate proceedings by the government of state. The Court in B K Pavitra & Ors, in May 2019. Indian Union & Ors v. had upheld the constitutional validity of Reservation Act.

Referring to the relevant Supreme Court Rules, the bench observed that the applications are unsustainable as they try to challenge the State Government's actions to put the provisions of the Reservation Act 2018 into effect. The Court also noted that the B K Pavitra II judgment concerned the constitutional validity of the 2018 Reservation Act and not the actions taken thereon or in the persuasion of its implementation.

Referring to various judgments on the maintenance of applications such as those filed, the Bench stated:

"The principle of law that emerges is that courts may scrutinise applications to assess whether they, in substance, seek a relief that may not be granted in those applications. Where the court is of the opinion that the nature of the application differs from its nomenclature and there is a method prescribed in law for the grant of the reliefs sought, it may hold that the application before it is not maintainable."

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