Supreme Court on Reservation in Promotion: The Supreme Court has said that the Center and the States should evaluate the number of vacancies in which they can be reserved for Scheduled Castes and Scheduled Tribes.
Supreme Court on Reservation in Promotion :
The Supreme Court today held a hearingon the issue of reservation in promotion. The court said it would not be able to give a decision before the state government is required to gather information before granting reservations in promotions Stating that it is necessary to collect data of high level representation, the court has stated that it will not set any standard for this. Representation in higher positions should be evaluated within the stipulated period. The court also said that the central government should decide what the period should be.
The hearing will begin on February 24 for further clarification in the reservation cases relating to the Center and the states. The Supreme Court has refused to relax the terms of reservation in promotion for SC / ST. The court has said that collection of quantitative data is required for reservation in promotion. The apex court, in its judgment, said that the Center and the states should evaluate the number of vacancies they hold, on which reservation can be given to the people belonging to Scheduled Castes and Scheduled Tribes.
What is the case?
The ruling was issued on May 7, 2021 to cancel the reservation in the promotion and fill this quota from the open category. The High Court had on May 19, 2021 also refused to quash the judgment. After that, OBC leaders and ministers in the state had expressed their displeasure against the government’s decision. Due to this decision of the government, 33 per cent vacancies will not be filled in the promotion for backward class and all the 100 per cent promotions will be based on seniority only and seniority before 25 May 2004 will be taken into consideration. Leaders of the OBC community had approached the Supreme Court against this. The final hearing was held three months ago. The court later upheld the verdict. The result was announced today.
Some, including Sanjeev Oval, had filed a petition in the Mumbai High Court against the state government’s order, alleging that it was attacking SC, ST, NT and OBC’s 33 per cent reservation. According to the ordinance, only reserved candidates on reserved seats and open category candidates on open seats have been directed to be recruited on the basis of seniority. However, the petitioners allege that Maharashtra is the only state in the country to set the criteria of seniority in this way. The petition alleges that if such a policy is followed only to fill the vacancies, it would be unfair on the reserved category candidates. The petitioners also alleged that the state government’s ordinance was against the directions of the Supreme Court.