The single-judge went on to agree that the 2019 circular did contain certain ambiguities with regard to the adherence to the direction in the case of RK Sabharwal.
Thus, it was ordered that the order be withdrawn with liberty to pass a fresh order containing comprehensive guidelines keeping in mind all judgments of the apex court enunciating the law relating to the issue.
“This would go a long way in removing the avoidable ambiguity in implementation of the Reservation Act, 2018,” the Court reasoned.
This direction was made in the context of the State government’s submission that the Reservation Act would prevail over the notifications.
“The observations are made in the context of calling upon the State for removal of ambiguity in executive instructions to ensure that the Reservation Act, 2018 validity of which has been upheld by the Apex Court is implemented in its letter and spirit without giving rise to unnecessary litigation.”