PAMIDIGHANTAM SRI NARASIMHA, R. MAHADEVAN
Union Of India – Appellant
Versus
Rohith Nathan And Another, Etc. – Respondent
The doctrine of merger is mentioned in the section where the court discusses the finality of its judgment and the binding effect of its decision. Specifically, it is referenced in the context of the appellate process and the binding nature of the judgment upon subsequent proceedings. The court indicates that upon dismissal of the appeals, the principles laid down in the judgment will merge with the orders of subordinate courts or tribunals, thereby binding them to apply the ratio of the Supreme Court's decision. This is articulated in the context of ensuring consistency and finality in the application of the legal principles established by the court.
The relevant mention appears in the part where the court discusses the implications of the dismissal of the civil appeals and the application of the doctrine of merger to the subordinate fora, emphasizing that the subordinate authorities would be bound to follow the ratio of the court’s judgment.
[Reference: p_59]
| Table of Content |
|---|
| 1. introduction of the appeals (Para 2 , 3) |
| 2. details of civil appeals filed against cat orders (Para 4) |
| 3. civil appeals against the delhi high court's decision (Para 5) |
| 4. appeal related to kerala high court's decision (Para 6) |
| 5. arguments by the union of india (Para 7) |
| 6. counter-arguments by respondent no.1 (Para 8) |
| 7. argument by respondent no.1 in ca for g. babu (Para 9) |
| 8. intervenors' claims (Para 10) |
| 9. court's observations of legal principles (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 10. discussion of hostile discrimination (Para 32 , 33 , 34) |
| 11. conclusion and ordering of appeals (Para 44) |
JUDGMENT :
Leave granted in SLP (C) No. 17651 of 2022.
FACTUAL BACKGROUND
C.A. No(s). 2827 – 2829 of 2018 [Union of India & Ors. v. Rohith Nathan and Anr. Etc.]
4.1. Respondent No. 1 in CA. Nos. 2827 and 2828 of 2018, Rohith Nathan, secured All India Rank 174 in the Civil Services Examination, 2012 under the OBC category. His father was employed in a private organisation namely M/s. HCL Technologies Ltd., and was drawing a salary exceeding the prescribed creamy layer limit under the extant guidelines. On that basis, he was treated as falling within the creamy layer. Though he was recomme
Indra Sawhney v. Union of India and others
This Court in Indra Sawhney v. Union of India and others
Ashok Kumar Thakur v. Union of India
Neil Aurelio Nunes v. Union of India
Madhuri Patil v. Commissioner, Tribal Development
R.P. Bhardwaj v. Union of India
Sushma Gosain v. Union of India
Dr. PPC Rawani v. Union of India
Dr. D.K. Reddy v. Union of India
Delhi Administration v. Nand Lal Pant
Union of India v. Parul Debnath
M.R. Balaji and others v. State of Mysore
K.C. Vasanth Kumar and another v. State of Karnataka
K.S. Jayasree v. State of Kerala
Indira Sawhney VS Union Of India - 1999 10 Supreme 270: This case is categorized as bad law because it explicitly states that "Sections 3, 4 and 6 of the Kerala State Backward Classes (Reservation of Appointments or Posts in the Services under the State) Act, 1995, which are against the law laid down by the Supreme Court in Indira Sawhney’s case... are held to be unconstitutional and struck down as violative of Articles 14 and 16 of the Constitution." This indicates the case itself struck down legislation as contrary to prior Supreme Court precedent (Indira Sawhney), effectively treating aspects of prior law as bad law, and its own holdings enforce exclusion of creamy layer based on that precedent.
Ashoka Kumar Thakur VS Union of India & Others - 2008 3 Supreme 331: This case shows no indicators of negative treatment (e.g., no mentions of overruled, reversed, criticized, or questioned). It states affirmative principles like "Article 21A must be implemented completely" and "27% is the upper limit for OBC reservation," with no language suggesting it has been treated adversely by subsequent courts. Categorized as good law based on absence of negative treatment keywords.
None identified. Both cases contain clear language allowing categorization based on presence or absence of explicit negative treatment indicators.
The creamy layer status for reservation should be determined considering both parental status and income, and must not impose disparities between government and private sector employees under OBC cla....
Sub-classification within Scheduled Castes for affirmative action is constitutionally permissible if it meets the intelligible differentia test and doesn't exclude any caste from benefits, overruling....
Promotions for SC/ST candidates against unreserved vacancies require quantifiable data proving inadequacy of representation, and any related clarifications issued without such data are unconstitution....
Sons and daughters of individuals with incomes exceeding specified thresholds, including salaries, are ineligible for reservation benefits under creamy layer classification.
Candidates securing higher marks than unreserved category cannot claim reservation benefits unless explicitly provided by state policy; constitutional provisions require formal policy to confer reser....
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