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Regular-article-logo Thursday, 09 May 2024

States nudged on promotion quotas

The Centre has nudged the states to follow an interim Supreme Court directive, issued on June 5, allowing reservation in promotions for government employees.

Our Special Correspondent Published 19.06.18, 12:00 AM

New Delhi: The Centre has nudged the states to follow an interim Supreme Court directive, issued on June 5, allowing reservation in promotions for government employees.

On Friday, the department of personnel and training asked central ministries and Union territories to implement the court directive.

"State governments are also advised to take necessary action in accordance with the above-mentioned orders passed by the Hon'ble Supreme Court," said the order, signed by G. Srinivasan, deputy secretary.

The Central Secretariat SC/ST Employees Welfare Association welcomed the government order.

"We have been fighting for reservation in promotions. The Centre brought in a policy in 1997 on this but it became disputed (legally) in 2006 and we had to wait," said association president Rohtas Bhankar.

He added that some of the state governments used to allow reservation in promotions before 2006.

Friday's government order, however, was silent about the employees of autonomous institutions such as universities and councils. Dalit and tribal employees of autonomous bodies have demanded the benefit.

"We demand that the benefit apply to the appointments and promotions of faculty members in universities. The quota policy should apply to appointments to administrative positions like those of principals, deans and vice-chancellors," said Hansraj Suman, president of the SC/ST Teachers Association of Delhi University.

Article 16 of the Constitution provides for reservation in government jobs for the socially and educationally backward classes. The 77th constitutional amendment, passed in 1997, allowed reservation in promotions too on the ground that the backward classes were not adequately represented in high public posts.

The government issued an order in 1997 providing for reservation in promotions for Scheduled Caste and Scheduled Tribe employees. This order was challenged in the Supreme Court.

In 2006, the apex court passed the so-called M. Nagraj judgment ruling that before reservation can be allowed in promotions, the government must furnish empirical data showing the under-representation of the backward classes.

In 2010, the apex court asked individual petitioners to approach their respective high courts.

Nagraj went to Delhi High Court, which ruled last August that the government should have modified its 1997 order after the Nagraj judgment. It quashed the government's 1997 order.

Some employees challenged the high court ruling in the apex court, which gave an interim order this month saying: "It is made clear that the Union of India is not debarred from making promotions in accordance with law."

It did not, however, explain whether this meant "in accordance with" the Nagraj ruling. Nor did it stay the August high court order.

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