Government order on promotion in jobs to SC-ST employees Quashed by Patna HC

The Patna High Court today set aside a government order relating to promotion of employees belonging to Schedule Castes and Schedule Tribes in various government jobs. The state government's resolution that provided for reservation with consequential seniority in promotions to SC/ST government employees.

A single bench presided by Justice V Nath announced the judgement on the writ petition filed by a state government employee, Sushil Kumar Singh, and others, which challenged the state government's resolution of August 21, 2012. The petition alleged flaws in the data on the basis of which the government decided to give reservation to the SC and ST employees in promotions. The data is not scientific and is vague in nature, it said.

Justice Nath quashed the order of 2014 after finding that it was not in conformity with a Supreme Court judgement in M Nagaraj case in 2006. 

Petitioners' counsel Bindhyachal Singh said the state government's resolution was not in accordance with the norms laid down by the apex court in the M Nagaraj versus Union of India case (October 2006). The apex court had said the State must demonstrate backwardness, inadequacy of representation and maintenance of efficiency before providing reservation in promotions. All this was ignored by the state government, he said.

Singh also referred to earlier apex court judgments on reservation as well as the constitutional mandate in this regard. He said Article 16 (4A) says nothing in this Article shall prevent the state from making any provision for reservation in appointments or posts in favour of backward class citizens which, in the opinion of the State, is not adequately represented in the state government services. However, if this discretion was to be exercised, the State had to first collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public appointments in addition to compliance of Article 335 of the Constitution, Singh said and added there shouldn't be any reservation on consequential seniority as well.

Explaining 'consequential seniority', Singh cited the example of 'A' belonging to the General category. "Suppose 'A' currently holds a level-3 government post and 'B', appointed under the SC quota, is junior to A in level 3. When a promotion to level 4 is to be decided, 'B' will be given priority.

The government order of December 21, 2014 had stated reservation with consequential seniority in promotion to SC & ST employees.

Source: http://timesofindia.indiatimes.com/india/HC-quashes-quota-to-SC/ST-employees-in-promotions/articleshow/47154202.cms

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