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Supreme Court of India 2020-04-17 dismissed

Pravakar Mallick & Anr vs The State of Orissa & Ors

Bench: 2 — Mohan M. Shantanagoudar, R. Subhash Reddy

In Brief

The appeal challenged the High Court's quashing of a Government Resolution that sought to grant consequential seniority to SC/ST candidates promoted against reserved vacancies in Orissa's administrative service. The Supreme Court dismissed the appeal, holding that a bare executive resolution without examining adequacy of representation and backwardness—mandatory requirements under Article 16(4A)—has no legal basis. The 'Catch Up Rule' applies, placing reserved promoted candidates junior to later-promoted general category officers, unless the State enacts a properly grounded law or executive order based on quantifiable data satisfying constitutional safeguards.

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Constitutional Law Administrative Law Reservation Seniority Scheduled Castes Scheduled Tribes Public Employment

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