Supreme Court - Daily Orders
The State Of Rajasthan vs Ganga Sahay Sharma on 13 November, 2017
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
SLP(C) 30936/17
1
ITEM NO.56 COURT NO.1 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No.30936/2017
(Arising out of impugned final judgment and order dated 09-11-2017
in MA No. 65742/2017 passed by the High Court of Judicature for
Rajasthan at Jaipur)
THE STATE OF RAJASTHAN & ORS. Petitioner(s)
VERSUS
GANGA SAHAY SHARMA Respondent(s)
Date : 13-11-2017 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
For Petitioner(s) Mr. K.K. Venugopal, AG
Mr. Mukul Rohatgi, Sr. Adv.
Mr. Shiv Mangal Sharma, AAG
Mr. Nishit Agarwal, Adv.
Mr. Saurabh Shyam Shamshery, Adv.
Shrey Kapoor, Adv.
Mr. Rohit K. Singh, AOR
For Respondent(s) Mr. Gopal Sankaranarayana, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. K.K. Venugopal, learned Attorney General and Mr. Mukul Rohatgi, learned senior counsel for the petitioners and Mr. Gopal Sankaranarayana, learned counsel, Signature Not Verified Digitally signed by who has entered appearance on behalf of the respondent. CHETAN KUMAR Date: 2017.11.15 16:19:26 IST Reason: Having heard learned counsel for the parties, we are inclined to issue notice. As the respondent has entered appearance, no further notice need be issued. SLP(C) 30936/17 2 With the consent of the learned counsel for the parties, the matter is finally heard.
In our considered opinion, the order passed by the High Court staying the legislative process is totally uncalled for and, therefore, that part of the impugned order is stayed. However, taking into consideration the facts and circumstances of the case and various decisions of this Court, we are inclined to restrain the State Government from taking any action or decision on the administrative side or in any manner conferring the benefit of reservation, which will have the result of crossing the total reservation beyond 50%. As we intend to remit the matter to the High Court, the said direction shall remain in force till the writ petition is finally disposed of.
The special leave petition is, accordingly, disposed of. There shall be no order as to costs.
(Chetan Kumar) (H.S. Parasher)
Court Master Assistant Registrar