Supreme Court of India · 2018-08-30
SARV RURAL AND URBAN WELFARE SOCIETY vs UNION OF INDIA .
- Citation / case number
- SC 2012/40249
- Court
- Supreme Court of India
- Petitioner
- SARV RURAL AND URBAN WELFARE SOCIETY
- Respondent
- UNION OF INDIA .
- Author
- HON'BLE THE CHIEF JUSTICE RANJAN GOGOI
- Bench
- HON'BLE THE CHIEF JUSTICE RANJAN GOGOI, HON'BLE THE CHIEF JUSTICE, HON'BLE MRS. JUSTICE R. BANUMATHI, HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR, HON'BLE MR. JUSTICE S. ABDUL NAZEER
Judgment text excerpt
The Supreme Court addressed the interpretation of Articles 16(4), 341, and 342 of the Constitution concerning the eligibility of Scheduled Caste candidates for employment benefits across different states. The Court noted that the decision in S. Pushpa vs. Sivachanmugavelu was perceived as contrary to earlier Constitution Bench judgments and emphasized that a two-judge bench cannot declare a three-judge bench decision as per incuriam. The matter was referred to a larger bench for resolution of the interplay among the constitutional provisions, but the appeal was disposed of based on the High Court's findings regarding the illegality of the State's actions in the appointment process.