NDLI: K Pavithra and Ors. Vs. Union of India and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Supreme Court Rules Exercise of power under
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Karnataka Extension of Consequential Seniority to Government Servants Promoted on The Basis of Reservation (to The Posts in The Civil Services of The State) Act, 2017 (21 of 2018)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Supreme Court Rules, 1966: Or.XL – On 10.05.2019, judgment was rendered in B K Pavitra II whereby constitutionality of the Reservation Act 2018 was upheld – Government of Karnataka issued GO dated 15.05.2019 – The Preamble to the GO noted that on 27.02.2019, instructions were issued for implementing Reservation Act 2018 subject to judgment that was to be delivered on the validity of Reservation Act 2018 – Following the judgment in B K Pavitra II upholding the Reservation Act 2018, the Government of Karnataka by GO dated 15.05.2019 directed all appointing authorities to abide by GO dated 27.02.2019 in implementation of the Reservation Act 2018 – On 24.06.2019, a circular was issued by the Government of Karnataka noting that while preparing seniority lists in conformity with GO dated 27.02.2019, meetings were held following which a list of FAQs was prepared with the answers – Grievance of the applicants is that until the backlog is cleared, the proportion of Scheduled Castes/ Scheduled Tribes will exceed 15% and 3% – MAs challenging the action of State Government to carry into effect the provisions of the Reservation Act, 2018 – Maintainability of – Held: The judgment in B K Pavitra II concerned the constitutional validity of the Reservation Act 2018 and not actions taken thereunder or in pursuance of its implementation – The instant MAs, though styled as applications for directions, sought to lay challenge to the actions of the State government to carry into effect the provisions of the Reservation Act 2018 – This is clear from the nature of the reliefs sought in the MAs, which impugn both GO dated 15 May 2019 and Circular dated 24 June 2019, both of which are subsequen to the judgment of this Court in B K Pavitra II – The remedy, styled as directions, sought by the applicants cannot lie in the form of MAs – MAs are in effect a substantive challenge to the actions of the State Government in implementing the Reservation Act 2018 through GO dated 15.05.2019 and the circular dated 24.06.2019 – If the applicants were aggrieved by the steps which were taken by the State Government, it was open to them to pursue a substantive remedy for challenging the steps taken by the State Government in independent proceedings – MAs of this nature are not maintainable – 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 2018. Supreme Court Rules, 1966: Or.LV r.6 – Exercise of power under, scope – Held: Or.LV empowers Supreme Court to, for sufficient cause, excuse parties from compliance with any of the requirements of 2013 Rules and issue such directions as it considers just and expedient – r.6 of Or.LV mirrors the constitutional power conferred under Art.142 of the Constitution which empowers the Supreme Court to pass such decree or make such order as is necessary for doing complete justice – Constitution of India – Art.142 – Supreme Court Rules, 2013.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2020 INSC 321
Petitioner	K Pavithra And Ors.
Respondent	Union Of India And Ors.
SCR	[2020] 4 S.C.R. 1041
Judgement Date	2020-03-19
Case Number	764

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