Haryana gets High Court nod to proceed with Scheduled Castes reservation in promotions : The Tribune India

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Haryana gets High Court nod to proceed with Scheduled Castes reservation in promotions

Reservation was to be granted in all the cadres of Group A and B posts to the extent of 20 per cent of the sanctioned posts of promotional quota

Haryana gets High Court nod to proceed with Scheduled Castes reservation in promotions

Photo for representation. iStock



Tribune News Service

Saurabh Malik

Chandigarh, December 1

Acting on a petition challenging instructions whereby human resources department directed Haryana government departments to grant reservation in promotions to scheduled castes employees, the Punjab and Haryana High Court has permitted the State to proceed further with the promotions.

Justice Vikas Bahl also made it clear that the promotions in accordance with the impugned instructions dated October 7 would be subject to the decision in the writ petitions.

The reservation was to be granted in all the cadres of Group A and B posts to the extent of 20 per cent of the sanctioned posts of promotional quota. Kamaljeet Singh and other petitioners through senior counsel Gurminder Singh and other advocates had challenged the instructions on four grounds, including the plea that the exercise to assess the inadequacy of representation of scheduled castes was to precede the formulation of opinion by the State Government to provide reservation. It was to be done for each cadre separately and not to a group of posts.

It was also contended that the power to provide reservation was with the State government and could not be delegated to the departmental promotions committee. Besides this, it was necessary to exclude the creamy layer belonging to scheduled castes before providing reservation in promotional posts and the exercise was required to meet the parameters of Article 335.

Taking up the matter, Justice Bahl asserted the court at the current stage was prima facie satisfied with the State’s stand. But the issue was required to be further delved into after the written statement has been filed by the State and the persons affected.

Justice Bahl observed the State and counsel for the applicants had jointly prayed that promotions in pursuance to the instructions be permitted, but made subject to the decision of the writ petitions. The Bench took further note of the State counsel’s submission that the stay on instructions would bring the entire exercise to a nullity and seriously prejudice the rights of the scheduled caste candidates.

“The ends of justice would be served in case the respondent-State is permitted to proceed further with the promotions in accordance with the impugned instructions but the same would be subject to the decision in the present writ petitions. The State has undertaken that they would also make a specific note in every promotion order to the effect that the promotion order would be subject to the decision of the present writ petitions and the State would abide by the same,” Justice Bahl added.

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