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SC ST PROMOTION DEMOTIONS JUDGMENT

Prajaavaani

Sanjevani

Sc St Promotion issue

KARNATAKA RESERVATION ACT NO:21 OF 2018

KARNATAKA RESERVATION ACT NO:21 OF 2018

THE 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 

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K Conclusion

144

For the above reasons, we have come to the conclusion that the challenge

to the constitutional validity of the Reservation Act 2018 is lacking in substance.

Following the decision in B K Pavitra I, the State government duly carried out the

exercise of collating and analysing data on the compelling factors adverted to by

the Constitution Bench in Nagaraj. The Reservation Act 2018 has cured the

deficiency which was noticed by B K Pavitra I in respect of the Reservation Act

2002. The Reservation Act 2018 does not amount to a usurpation of judicial

power by the state legislature. It is Nagaraj and Jarnail compliant. The

Reservation Act 2018 is a valid exercise of the enabling power conferred by

Article 16 (4A) of the Constitution.

145 We therefore find no merit in the batch of writ petitions as the constitutional

validity of the Reservation Act 2018 has been upheld. They shall stand

dismissed. Accordingly, the review petitions and miscellaneous applications shall also stand dismissed in view of the judgment in the present case. There shall be

no order as to costs. All pending applications are disposed of.