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2019 (5) TMI 1908 - SC - Indian LawsValidity of 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 2018 - consequential seniority to persons belonging to the Scheduled Castes and Scheduled Tribes promoted under the reservation policy of the State of Karnataka - principle of consequential seniority to reserved category candidates - challenge on the ground that the Reservation Act 2018 does not exclude the benefit of consequential seniority in respect of the creamy layer. HELD THAT:- Hoechst is an authority for the proposition that the assent of the President is non-justiciable. Hoechst also lays down that even if, as it turns out, it was not necessary for the Governor to reserve a Bill for the consideration of the President, yet if it was reserved for and received the assent of the President, the law as enacted cannot be regarded as unconstitutional for want of 'proper' assent - All procedural requirements under the Constitution were according to the government duly complied with. This objection of the state government cannot cast doubt upon the grant of assent by the President. The law having received the assent of the President, the submissions which were urged on behalf of the Petitioners cannot be countenanced. Considering the validity of a law which was enacted by the State legislature for enforcing the substantive right to equality for the SCs and STs. Judicial review must hence traverse conventional categories by determining as to whether the Ratna Prabha Committee report considered material which was irrelevant or extraneous or had drawn a conclusion which no reasonable body of persons could have adopted. In this area, the fact that an alternate line of approach was possible or may even appear to be desirable cannot furnish a foundation for the assumption by the court of a decision making authority which in the legislative sphere is entrusted to the legislating body and in the administrative sphere to the executive arm of the government. Since promotions granted prior to 1 March 1996 were protected, it was logical for the legislature to protect consequential seniority. The object of the Reservation Act 2018 is to accord consequential seniority to promotees against roster points. In this view of the matter, there are no reason to hold that the provisions in regard to retrospectivity in the Reservation Act, 2018 are either arbitrary or unconstitutional - benefit of consequential seniority has been extended from the date of the Reservation Order 1978 under which promotions based on reservation were accorded. The challenge to the constitutional validity of the Reservation Act 2018 is lacking in substance - there are no merit in the batch of writ petitions as the constitutional validity of the Reservation Act 2018 has been upheld - petition dismissed.
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