No Reservation in Promotion: The M.P.High Court

No Reservation in Promotion: The M.P.High Court, Jabalpur

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Clause 4A of Article 16 of Part-III under Indian Constitution provides that State can make provision for reservation in promotion in favour of SCs and STs who are not adequately represented in the services under the state .But the Hon’ble M.P. High Court gave the judgment that there would be no reservation in promotion in public employment. The HC declared reservation related provision as unconstitutional in the above matter.

The judgment was given by dual bench of Chief Justice A.M.Khanvilkar and Justice Sanjay Yadav in favour of 22 petitions filed against Public Service (Promotion) Rules, 2002. All promotions of SC and ST employees and workers made after 2002 were cancelled. The court declared M.P. Public Service (Promotion) Rules 2002 as unconstitutional.

But at the same time, the court maintained reservation in appointments as per Clause 4 of Article-16. The reference made in the above matter was of the SC case, M.Nagraj v Union of India, AIR SC 2006 that in special circumstances reservation in promotion can be provided if certain conditions are fulfilled.

The State Government is not satisfied with the above decision of the court and trying to challenge it in the Hon’ble Supreme Court. At the same time, Caveat is also being filed by the petitioners so that if State proceeds against the decision in the superior court then they should also be heard. The State Government is not in favour because this will affect the development of Dalit community.

By – Manas Bulchandani

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