Summary
The Supreme Court closed contempt petitions challenging Rajasthan’s implementation of reservation in promotion and consequential seniority through its notification of 11 September 2011. The earlier Salauddin decision had set aside the contempt finding concerning that notification. Its validity and the Bhatnagar Committee’s recommendations required substantive adjudication in the pending High Court proceedings, including consideration of Jarnail Singh. The High Court was requested to decide those matters expeditiously.
Issues
- Whether issuance and implementation of the notification dated 11 September 2011 warranted contempt action for alleged non-compliance with the earlier judgments.
Held
- Salauddin had set aside the High Court’s contempt decision concerning the notification and directed action in terms of the Bhatnagar Committee report consistently with the earlier decisions. The foundation of the present allegation that issuing that notification itself constituted contempt therefore did not survive. (¶¶ 15, 16)
- The correctness of the notification, the Committee’s recommendations and its data remained for determination in the pending substantive challenges. An allegedly incorrect exercise of the authorities’ powers could be tested there, but did not on this basis warrant contempt action. (¶¶ 16, 18)
- The High Court would have to consider the challenge in light of Jarnail Singh, which invalidated Nagaraj’s requirement of quantifiable data showing the backwardness of Scheduled Castes and Scheduled Tribes. (¶ 17)
Result
Contempt petitions closed. High Court requested to take up the notification, Committee-report and allied challenges as early as possible and preferably dispose of them within six months of the order.