STATE OF PUNJAB Vs. DAVINDER SINGH
LAWS(SC)-2020-8-32
SUPREME COURT OF INDIA
Decided on August 27,2020

STATE OF PUNJAB Appellant
VERSUS
DAVINDER SINGH Respondents


Referred Judgements :-

K.C. VASANTH KUMAR AND ANR. VS. STATE OF KARNATAKA [REFERRED TO]
SRISH KUMAR CHOUDHURY VS. STATE OF TRIPURA AND ORS [REFERRED TO]
B.K. PAVITRA AND ORS. VS. UNION OF INDIA AND ORS [REFERRED TO]
DAVID BURNET VS. COLORADO OIL AND GAS COMPANY [REFERRED TO]
INDRA SAWHNEY AND ORS. VS. UNION OF INDIA AND ORS [REFERRED TO]
STATE OF WASHINGTON VS. DAWSON AND CO. [REFERRED TO]
GRAVES VS. PEOPLE OF THE STATE OF NEW YORK [REFERRED TO]
B VENKATAMANA VS. STATE OF MADRAS [REFERRED TO]
STATE OF MADRAS VS. CHAMPAKAM DORAIRAJAN [REFERRED TO]
T DEVADASAN VS. UNION OF INDIA AND UNOTHER [REFERRED TO]
BENGAL IMMUNITY COMPANY LIMITED VS. STATE OF BIHAR [REFERRED TO]
ALL INDIA STATION MASTERS AND ASSISTANT STATION MASTERS ASSOCIATION DELHI VS. GENERAL MANAGER CENTRAL RAILWAY [REFERRED TO]
M R BALAJI THE MYSORE STATE CHATHADA VAISH NAYA ASSOCIATION MYSORE ARYA VYSYA MAHASABHA BANGALORE VS. STATE OF MYSORE [REFERRED TO]
M R BALAJI THE MYSORE STATE CHATHADA VAISH NAYA ASSOCIATION MYSORE ARYA VYSYA MAHASABHA BANGALORE VS. STATE OF MYSORE [REFERRED TO]
B BASAVALIGAPPA VS. D MUNICHINNAPPA [REFERRED TO]
BHAIYA LAL VS. HARIKISHAN SINGH [REFERRED TO]
KESHAV MILLS CO LIMITED PETLAD VS. COMMISSIONER OF INCOME TAX BOMBAY NORTH AHMEDABAD [REFERRED TO]
MINOR P RAJENDRANMISS NIRMALA DEVI; MISS NISTHARINI K M SATHAKATHULLA VS. STATE OF MADRAS:DIRECTOR OF MEDICAL EDUCATION MADRAS [REFERRED TO]
TRILOKI NATH TIKU VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
MINOR A PEERIAKARUPPAN SOBHA JOSEPH VS. STATE OF TAMIL NADU [REFERRED TO]
STATE OF ANDHRA PRADESH VS. U S V BALRAM [REFERRED TO]
JANKI PRASAD PARIMOO VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
SAMBHU NATH SARKAR VS. STATE OF WEST BENGAL [REFERRED TO]
STATE OF JAMMU AND KASHMIR VS. TRILOKI NATH KHOSA [REFERRED TO]
STATE OF KERALA VS. N M THOMAS [REFERRED TO]
PRADEEP JAIN MISS REITA NIRANKARI MEENAKSHI ALKA AGGARWAL SHALINI VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA PRITHIPAL SINGH RAM MEHAR RAJ KUMAR DELHI CATTLE BREEDING FARMS PRIVATE LIMITED VS. RAGHUBIR SINGH :UNION OF INDIA [REFERRED TO]
GOODYEAR INDIA LTD VS. STATE OF HARYANA:GEDORE TOOLS P LTD [REFERRED TO]
MARRICHANDRASHEKHARRAO VS. DEAN GETH G S MEDICAL COLLEGE [REFERRED TO]
PALGHAT JILLA THANDAN SAMUDHAYA SAMRAKSHNA SAMITHI VS. STATE OF KERALA [REFERRED TO]
R K SABHARWAL VS. STATE OF PUNJAB [REFERRED TO]
HEIKHAM SURCHANDRA SINGH VS. REPRESENTATIVE OF LOIS KAKCHING MANIPUR A SCHEDULED CASTE UPLIFT BODY [REFERRED TO]
JAGDISH NEGI PRESIDENT UTTARAKHAND JAN MORCHA VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF MAHARASHTRA VS. MILIND [REFERRED TO]
S R CHAUDHARY VS. STATE OF PUNJAB [REFERRED TO]
TMA PAI FOUNDATION VS. STATE OF KARNATAKA [REFERRED TO]
PUNIT RAI VS. DINESH CHAUDHARY [REFERRED TO]
E V CHINNAIAH VS. STATE OF A P [REFERRED TO]
SOBHA HYMAVATHI DEVI VS. SETTI GANGADHARA SWAMY [REFERRED TO]
M NAGARAJ VS. UNION OF INDIA [REFERRED TO]
I R COELHO VS. STATE OF TAMIL NADU [REFERRED TO]
SHREE SURAT VALSAD JILLA K M G PARISHAD VS. UNION OF INDIA [REFERRED TO]
ASHOKA KUMAR THAKUR VS. UNION OF INDIA [REFERRED TO]
SUBHASH CHANDRA VS. DELHI SUBORDINATE SERVICES SELECTION BOARD [REFERRED TO]
ANIL CHANDRA VS. RADHA KRISHNA GAUR [REFERRED TO]
UNION OF INDIA VS. RAKESH KUMAR [REFERRED TO]
SURAJ BHAN MEENA VS. STATE OF RAJASTHAN [REFERRED TO]
GVK INDS LTD VS. INCOME TAX OFFICER [REFERRED TO]
U P POWER CORPORATION LTD VS. RAJESH KUMAR [REFERRED TO]
CHAIRMAN & MANAGING DIRECTOR CENTRAL BANK OF INDIA VS. CENTRAL BANK OF INDIA SC/ST EMPLOYEES WELFARE ASSOCIATION [REFERRED TO]
S. PANNEER SELVAM AND ORS. VS. GOVERNMENT OF TAMIL NADU AND ORS. [REFERRED TO]
SURESH CHAND GAUTAM VS. STATE OF UTTAR PRADESH [REFERRED TO]
B.K. PAVITRA VS. UNION OF INDIA [REFERRED TO]
STATE OF TRIPURA & ORS. VS. JAYANTA CHAKRABORTY & ORS. [REFERRED TO]
BIR SINGH VS. DELHI JAL BOARD & ORS [REFERRED TO]
DEGA VENKATA HARSHA VARDHAN & ORS. VS. AKULA VENTAKA HARSHAVARDHAN & ORS. [REFERRED TO]
JARNAIL SINGH & OTHERS VS. LACHHMI NARAIN GUPTA & OTHERS [REFERRED TO]



Cited Judgements :-

JUSTINE PALLIVATHUKKAL VS. STATE OF KERALA [LAWS(KER)-2021-5-117] [REFERRED TO]
PATTALI MAKKAL KATCHI VS. A. MAYILERUMPERUMAL [LAWS(SC)-2022-3-99] [REFERRED TO]


JUDGEMENT

ARUN MISHRA, J. - (1.)A Bench of three Judges vide order dated 20.8.2014 referred the matter to a larger Bench for consideration opining that the judgment of a 5-Judge Bench in E.V. Chinnaiah vs. State of A.P. and Ors., (2005) 1 SCC 394, is required to be revisited in the light of Article 338 of the Constitution of India, and not correctly following the exposition of the law in Indra Sawhney and Ors. vs. Union of India and Ors., 1992 Suppl. (3) SCC 217. It was noted that matter involved interpretation and interplay between Articles 16(1), 16(4), 338 and 341 of the Constitution of India.
(2.)We, in order to consider the constitutional validity of Section 4(5) of the Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006 (for short, 'the Punjab Act') in the matter referred, framed the following issues on 4.2.2020:
"i) Whether the provisions contained under Section 4(5) of The Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 are constitutionally valid?

ii) Whether the State had the legislative competence to enact the provisions contained under Section 4(5) of the Act?

iii) Whether the decision in E.V. Chinnaiah vs. State of A. P. and Ors. reported in (2005) 1 SCC 394 is required to be revisited?"

(3.)The background facts are that the Punjab Government by Circular No. 1818-SW-75/10451 dated 5.5.1975 provided that out of seats reserved for Scheduled Castes, fifty per cent of the vacancies would be offered to Balmikis and Mazhabi Sikhs. The Circular was struck down by a Division Bench of the Punjab and Haryana High Court vide judgment dated 25.7.2006. This Court dismissed the S.L.P. against the same on 10.3.2008.
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