HC upholds quota in promotion for SCs in Group A & B posts
The Punjab and Haryana High Court has upheld the validity of the Haryana Government’s October 7, 2023, instructions, providing 20 per cent reservation for Scheduled Castes in promotional posts of Group A and B. The court, however, has held that employees belonging to the creamy layer must be excluded from the benefit.
Disposing of a bunch of petitions challenging the instructions, Justice Jagmohan Bansal ruled that the State had fulfilled the constitutional preconditions before providing for reservation in promotions. The court found that quantifiable data had been collected, demonstrating inadequate representation of SCs in the promotional posts of Group A and B.
The petitioners had, among other things, contended that the instructions were liable to be set aside as the State had failed to exclude the creamy layer among SCs while providing reservation in promotion for Group A and B posts.
The State had, on the other hand, defended its move by asserting that despite 20 per cent reservation in direct recruitment to Group A and B posts, SC representation remained deficient since most such positions were filled through promotion, and regular direct recruitment had not taken place.
After hearing rival contentions, Justice Bansal was of the view the State’s policy was backed by empirical data and a conscious policy decision. The court also took into consideration concerns over the efficiency of administration, as mandated by Article 335.
The Bench held that no promotion would take place unless the candidate met essential qualifications and eligibility conditions. “If a person is not eligible for promotion, he is not going to be promoted or would be demoted if he does not comply with the prescribed conditions,” Justice Bansal asserted, ruling out any compromise in administrative efficiency due to the reservation policy.
The Bench added that the State by collecting quantifiable data had complied with requirement of Article 16(4A) of the Constitution and the mandate of the Constitution Bench judgments.
