Jaipur: The Rajasthan High Court Wednesday granted three weeks time to the state government to reply to a plea challenging its notification which gave protection to SC/ST employees promoted in excess to the quota fixed for them.
The division bench of Chief Justice Arun Mishra and Justice Meena V Gomber, however, refused to stay the operation of the same at initial stage.
Based on the notification dated September 11 last year, the Rajasthan government recently decided to start the process of promotion in various services including promotion of SC/ST employees from Rajasthan Administrative Services to IAS.
Petitioner `Samta Andolan Samiti` challenged the notification saying the Bhatnagar Committee has prepared its report on the basis of sampling method in 19 services of the state which is not a proper method.
It has also been contended that out of the 19 services, there is excess promotion of reserved class employees in 16 services -- a fact that has not been accounted for by the committee.
The Bhatnagar Committee has not made a study of the impact of inclusion of SC/ST employees in general category in promotions, the petitioner alleged.
"We have been asked to file reply specifying the reasons to take decision. The petitioner has based its entire petition on a challenge to the report of Bhatnagar Committee but no prayer has been made to not implement its recommendation and the decision of government is based on the same," Additional Advocate General S N Kumawat said.
"The bench was of the view that the promotion process was a beneficial action taken by the government and cannot be interfered with at initial stage by staying the impugned notification," Kumawat added.