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august 2018

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.

SARV RURAL AND URBAN WELFARE SOCIETY vs UNION OF INDIA . · Niyam