In a landmark verdict, the Madhya Pradesh high court has removed reservations for scheduled castes and scheduled tribes in government job promotions. This order is expected to affect over 30000 government employees and this verdict may serve base for similar verdicts in other states as well.
Before this verdict, 16% posts were reserved for scheduled castes during promotion and 20% were reserved fro scheduled tribes. This was set under the 2002 Madhya Pradesh Public service rules. The high court set aside this saying that this violates Supreme Court guidelines.
BJP government in Madhya Pradesh is going to challenge this order of High court in the Supreme Court.
“The existing provision relating to reservation, backlog vacancies, carry forward of backlog vacancies…contained in the Rules of 2002 runs contrary to the constitutional provisions contained in clause (4A) and (4B) of Article 16 and Article 335 and law predicated in M Nagraj,” the High Court said.
“All promotions under the Rules of 2002 will be reverted and the gradation lists of various departments will have to be redrawn,” said advocate Amol Shrivastava.
In 2006, the Supreme Court had stated that the states could not provide quotas in promotions without “quantifiable” data showing “backwardness” of the class and their inadequate representation in public employment, in addition to compliance with Article 335 that gives states power to provide reservation in promotion.
This verdict — Nagraj vs Union of India — was being violated by the MP rule, according to the High court decision. As a result of this verdict, quotas in promotions in other states are rendered vulnerable to legal challenges.
source:http://satyavijayi.com/
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