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HC quashes UP govt order related to SC,ST quota in promotions
Updated on Tuesday, January 04, 2011, 22:16
Lucknow: In a setback to Uttar Pradesh government, the Lucknow bench
of Allahabad High Court on Tuesday quashed its order providing
reservation in promotions to state employees belonging to scheduled
castes and scheduled tribes.
A bench comprising justices Pradip Kant and Rituraj Awasthi pronounced
the judgement while disposing of 50 writ petitions challenging the 'UP
government servants seniority rules (3rd) amendment 2007' whereby the
state government had inserted Rule 8A.
The court quashed all seniority lists prepared by the various
departments under the provision which provided for consequential
seniority along with promotion for the SC/ST employees.
The court has also directed the government and various departments to
make fresh seniority lists in accordance with law.
"We further clarify that in case the state government decided to
provide reservation in promotion to any class or classes of posts in
the services under the state, it is free to do so after undertaking
the exercise as required under the constitutional provisions, keeping
in mind the law laid down in the M Nagaraj case," the bench said.
Petitioners counsel Vivek Raj Singh told PTI that the court has held
that reservation cannot be provided in promotions to government
employees and the "original seniority should be taken into account for
it".
All the petitioners in the case belonged to the general category, Singh added.
In M Nagaraj case, the Supreme Court has held, "...the State is not
bound to make reservation for SCs/STs in matters of promotions.
However, if they wish to exercise their discretion and make such
provision, the State has to collect quantifiable data showing
backwardness of the class and inadequacy of representation of that
class in public employment in addition to compliance with Article 335.
"It is made clear that even if the State has compelling reasons, as
stated above, the State will have to see that its reservation
provision does not lead to excessiveness so as to breach the ceiling
limit of 50 per cent or obliterate the creamy layer or extend the
reservation indefinitely," it had said.
PTI
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