HC quashes UP govt order related to SC,ST quota in promotions
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Last Updated: 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.


First Published: Tuesday, January 04, 2011, 22:16

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