1990 JTR(SC) 578
1992 6 JT 673 ; 1990 2 Scale 606 ; 1992 Supp3 SCC 210
SUPREME COURT OF INDIA
Ranganath Misra, CJI., K.N.Singh, Kuldip Singh, M.H.Kania, P.B.Sawant, JJ,
Indra Sawhney
Versus
Union Of India
Case No., 930 , 974 , 987 , 949 , 948 , 954 , 966 , 972 , 97
Date of Decision, 10/1/90
The court held that while the identification of eligible castes for reservation may proceed, no further steps to implement the benefits of a government reservation order should be taken until the court has adjudicated the matter.
Act
Referred
:CONSTITUTION OF INDIA
: Art.16(4), Art.340
(A) Government Order on Reservation - Implementation of recommendations for backward classes - Judicial interference in political decisions - Clarification of previous order - No further steps for conferring benefits to be taken until the matter is heard, except for the identification of castes. (Paras 1, 8)
(B) Recruitment processes - Reservation in recruitment - Reservation shall not arise until after the written examination in certain professional recruitments. (Para 9)
(C) Reservation for persons with disabilities - Prevailing benefits for the handicapped remain unaffected by new government orders on backward class reservations. (Para 12)
Facts of the case:
A government order was issued to implement recommendations for providing reservations to backward classes. This led to widespread public agitation, loss of life, and destruction of government property. A petition was filed seeking interference with the implementation of the order. The court had previously observed that the decision to implement the recommendations was a political one and ordinarily would not interfere, but later sought to clarify the extent of implementation allowed while the matter remained sub-judice.
Findings of Court:
The court found that while the identification of castes is a preliminary step that can continue, no actual benefits or further implementation steps of the government order should be executed until the court concludes the hearing of the matter.
Issues: Whether the government can proceed with the implementation of a reservation order while the legality of such an order is being adjudicated by the court.
Ratio Decidendi: To maintain the status quo and ensure that rights are adjudicated before benefits are conferred, the court directed that no steps toward implementation, other than the identification of eligible castes, be taken until the final hearing.
Result: Matters listed for hearing on 25/10/1990; implementation of the government order stayed except for caste identification.
(B) Recruitment processes - Reservation in recruitment - Reservation shall not arise until after the written examination in certain professional recruitments. (Para 9)
(C) Reservation for persons with disabilities - Prevailing benefits for the handicapped remain unaffected by new government orders on backward class reservations. (Para 12)
Facts of the case:
A government order was issued to implement recommendations for providing reservations to backward classes. This led to widespread public agitation, loss of life, and destruction of government property. A petition was filed seeking interference with the implementation of the order. The court had previously observed that the decision to implement the recommendations was a political one and ordinarily would not interfere, but later sought to clarify the extent of implementation allowed while the matter remained sub-judice.
Findings of Court:
The court found that while the identification of castes is a preliminary step that can continue, no actual benefits or further implementation steps of the government order should be executed until the court concludes the hearing of the matter.
Issues: Whether the government can proceed with the implementation of a reservation order while the legality of such an order is being adjudicated by the court.
Ratio Decidendi: To maintain the status quo and ensure that rights are adjudicated before benefits are conferred, the court directed that no steps toward implementation, other than the identification of eligible castes, be taken until the final hearing.
Result: Matters listed for hearing on 25/10/1990; implementation of the government order stayed except for caste identification.
(1) THREE out of us sitting as a bench on 21/09/1990, made an order after hearing parlies where we had indicated that the decision to implement three aspects of the recommendations of the Mandal Com- mission was a political one and ordinarily the court would not interfere with such a decision.
(2) THIS is what we had said there :
"LOT of emphasis has been laid on either side on the human factor. It was particularly brought to our notice that subsequent to the order of 11/09/1990, agitation has spread into every nook and corner of the country and public life has been disturbed; human lives have been lost and government property has been damaged and destroyed. While we take notice of it, we are of the view that there is no particular necessity for judicial interference on that sole ground."
(3) THEREAFTER, we had made an appeal to the entire nation that the matter was being adjudicated by this court and everybodys rights would be worked out when the matter is heard and nothing shall impede this Court from working out the rights of parties and giving such relief as is ultimately adjudicated to be due
(4) THIS petition on behalf of the Supreme court Bar Association has been brought up by highlighting incidents which have taken place after that order was made.
(5) WE have heard learned counsel on either side at considerable length. We have also listened to interveners and parties in person.
(6) THE learned Attorney General had told us on the earlier occasion that identification of castes would take about two to three months. It is not in dispute that until such identification is made no further steps for conferring benefits contained in the governments order dated 13/08/1990 can at all be worked out.
(7) AT the request of counsel for all the parties we prepone the hearing of the matters from 6/11/1990 to 25/10/1990. We are of the view that till the end of November there would be no occasion for proceeding with the implementation of the government Order excepting identification of the castes to be benefited.
(8) IN fact the real implication of the order of 21/09/1990 was that there was nothing going to happen before the matter was heard by this court. We would, however, reiterate without taking into consideration the submissions with reference to the happenings after September 21 that the identification of the castes shall continue but until the matter is heard and we expect it to be finished before the end of the year no further steps should be taken. No other steps to implement the order of 13/08/1990 shall be taken
(9) THE earlier order relating to recruitment of doctors by UPSC is left unaffected as the question of reservation shall not arise until after the written examination.
(10) WE make it clear that we expect that law and order situation shall immediately improve, both parties shall take our appeal seriously and restore peace so that the hearing of the matter can be taken up by this court in an appropriate atmosphere.
(11) WE reiterate that the legitimate interest of every backward class shall be appropriately protected. We make it further clear that the order made today is only a clarification of the order made on 21/09/1990 bringing out the real purport.
(12) LEARNED Attorney General in course of his submissions has clarified that prevailing benefits of reservation for the handicapped have not been affected by the government Order
(13) ALL the interlocutory applications for intervention filed till today shall be accepted by the Registry.
(14) LIST the matters on 25/10/1990.
(15) THE full text of our order shall be immediately released to the press and the government controlled media for the purpose of trans- mission to the public at large.