Proposed Legislation No Justification To Not Implement SC Judgments, SC Tells Karnataka State [Read Order]

It is made clear that any proposed legislation will be no justification not to carry out the judgment of this court, the bench said.

Making it clear that any proposed legislation will be no justification not to carry out the judgment delivered by it, the Supreme Court has directed the Karnataka Government to implement the directive issued in   BK Pavitra & Others v Union of India and Ors.

A bench of Justice AK Goel and Justice UU Lalit made this observation in an application filed by the state government, seeking extension of time to implement the directions in the judgment. He submitted before the court that substantial follow-up action has already been carried out to enable the process to be completed.

In the said judgment, the bench had declared that the provisions of the Karnataka Determination of Seniority of the Government Servants Promoted on the Basis of Reservation (To the Posts in the Civil Services of the State) Act, to the extent of doing away with the ‘catch up’ rule and providing for consequential seniority to persons belonging to SCs and STs on promotion against roster points, were ultra vires Articles 14 and 16 of the Constitution. The court had also directed the state to revise the seniority list within three months.

The court, while granting extension of time till 15^th March for the state to ‘do the needful’, observed: “It is made clear that any proposed legislation will be no justification not to carry out the judgment of this court. Needless to say that if any legislation is brought on the subject, the same can be applied, subject to its validity, as and when such legislation is made. We do not express any opinion with regard to permissibility of such a legislation at this stage.”

The bench also clarified that this order need not hold up the process wherever seniority list is finalised and the state is free to proceed in the matter.