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2020 Supreme(SC) 284

UDAY UMESH LALIT, D.Y.CHANDRACHUD
B. K. Pavithra – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner(s):Kumar Parimal, Smarhar Singh, Vipin Gupta, Advocates
For the Respondent(s):V. N. Raghupathy, Kabir Dixit, Dhananjay Garg, Anuj Saxena, Prakash Shrama, Payal Gaikwad, Rameshwar Prasad Goyal, Joseph Aristotle S., Ankur S. Kulkarni, Advocates

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. On 10 May 2019, this Court delivered its judgment in B.K. Pavitra and Others vs. Union of India and Others, (2019) 16 SCC 129 (B.K. Pavitra II), upholding the constitutional validity of the 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 [“Reservation Act 2018”]. The conclusion which was arrived at by the Court is extracted below:

    “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 b


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