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The Apex Court has dismissed the applications as not maintainable questioning the directions and clarifications given out by the State government in implementing the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation Act 2018.
The bench comprising of Justices Uday Umesh Lalit and Dhananjaya Y. Chandrachud did not decide the case on merits and left it open to the applicants to pursue a substantive remedy for challenging the steps taken by the State government in independent proceedings. In May 2019, the Court in BK PAVITRA &ORS. V. UNION OF INDIA, had upheld the constitutional validity of the Reservation Act.
The reliefs sought in the miscellaneous application filed after disposal of the judgment, are:
Referring to relevant Supreme Court Rules, the bench observed that the applications are not maintainable since they seek to lay challenge to the actions of the State government to carry into effect the provisions of the Reservation Act 2018.
The court also notes that the judgment BK Pavitra II concerned the constitutional validity of the Reservation Act 2018 and not actions taken thereunder or in pursuance of its implementation.
Referring to various judgments on the subject of maintainability of applications like the ones filed, the bench said:
The principle of law that emerges is that courts may scrutinize 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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