M/S. R. K. INDUSTRIES (UNIT-II) LLP versus S.C/S.T SHIPBREAKERS ASSOCIATION & ORS.

M/S. R. K. INDUSTRIES (UNIT-II) LLP versus S.C/S.T SHIPBREAKERS ASSOCIATION & ORS.

Reservation for SC/ST under Clause 5.4 of the 2015 Regulations applies only to plots being auctioned as referred in Clauses 5.1 and 5.2, not to total plots, and High Court's interpretation is set aside.

Parties
Appellant: M/S. R. K. Industries (Unit-II) LLP; Respondents: S.C/S.T Shipbreakers Association & Ors.
Jurisdiction
India
Judgment Date
16 July 2019
Procedural Posture
Civil Appeal / Final Judgment on Appeal
Outcome
Appeal allowed; High Court judgment set aside
Legal Topics
Reservation Policy, Interpretation of Regulations, Auction Procedures
Administrative Law Reservation Policy Interpretation of Regulations Auction Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

M/S. R. K. Industries (Unit-II) LLP

Appellant

S.C/S.T Shipbreakers Association & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether reservation for SC/ST categories under Clause 5.4 of the Gujarat Maritime Board Ship Recycling Regulations, 2015 applies to all plots or only plots sought to be auctioned

Ratio Decidendi

Reservation for SC/ST under Clause 5.4 of the 2015 Regulations applies only to plots being auctioned as referred in Clauses 5.1 and 5.2, not to total plots, and High Court's interpretation is set aside.

Court Disposition

Appeal allowed; High Court judgment set aside

Orders

  • The judgment of the High Court is set aside.
  • Reservation made out of the eight plots (six for SC/ST) will continue for the purposes of that auction only.