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Supreme Court of India 2019-07-16 allowed

M/S R K INDUSTRIES UNIT II LLP vs S.C/S.T SHIPBREAKERS ASSOCIATION

Bench: 3 — Rohinton Fali Nariman, Sanjiv Khanna, Surya Kant

In Brief

The Supreme Court interpreted the Gujarat Maritime Board's 2015 Ship Recycling Regulations regarding reservation of plots for Scheduled Castes (SC) and Scheduled Tribes (ST) candidates. The High Court had held that 7% and 14% reservation must be calculated from total available plots. The Supreme Court reversed this, holding that reservation applies only to plots actually being auctioned, not all total plots. This interpretation was based on reading clause 5.4 in context with clauses 5.1-5.2, which specify plots to be auctioned, and noting that the phrase 'Out of the total plots' was deliberately omitted from the 2015 Regulations compared to 2006 Regulations.

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Administrative Law Reservation Policy Regulatory Interpretation Ship Recycling

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