Thursday, March 31, 2011

[ZESTCaste] HC issues notice to state govt on SC/ST promotions

HC issues notice to state govt on SC/ST promotions
TNN | Mar 31, 2011, 06.19am IST

JAIPUR: The state government's decision to freeze promotions till the
time quantifiable data on the existing representation of SC/ST
category employees in its jobs was collected has been challenged
before the high court.

Issuing notices on a petition filed by a general category employee
Govind Narayan Sharma, Justice Prem Shankar Asopa has sought a reply
from the state government in two weeks. Sharma, a section officer at
the secretariat, has also challenged two circulars of the state
government regarding the collection of the SC/ST employees' data.

The dispute pertains to reservation in promotion granted to the SC/ST
employees through constitutional amendments but put on hold in
Rajasthan by a Supreme Court order that says the eligibility
conditions for granting the benefit be fulfilled first. The conditions
were laid down by the apex court in the judgment of M Nagraj in
October 2006.

The general category employees have been demanding the state
government should implement the apex court order by preparing a
revised seniority list, while the SC/ST category employees want the
promotion be stalled till the eligibility condition of collecting
quantifiable data was fulfilled.

As per the Nagraj case judgment, the state government is required to
establish through adequate data that the SC/ST category employees were
inadequately represented in its services, that there was necessity to
fill a post ignoring merit and that doing so would not hamper the
overall administrative efficiency. "A consolidated data would convey a
skewed representation of the reserved category employees. If the
number of officers is high and the junior staff is low, a consolidated
data would give their wrong representation in the government jobs,"
Sharma's counsel Shobhit Tiwari argued.

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