Promotions after cancellation of 33% quota subject to court orders: Bombay High Court

By LE Desk

Mumbai, May 26: The Bombay High Court today made it clear that the promotions given by the Maharashtra government pursuant to its May 7 government resolution (GR) would be subject to outcome of the petition challenging the GR. The court has directed the state to file its response to the petition before the next hearing on June 21.

The resolution has scrapped the 33% reservation in promotions in government jobs for those employed under the Scheduled Caste (SC), Scheduled Tribe (ST), Vimukta Jati (denotified tribes), Nomadic Tribes (VJNT) and Special Backward Classes and are being offered to employees from the open category.

The vacation bench of Justice RD Dhanuka and Justice Madhav Jamdar was informed that while the main petition challenged the May 7 GR, others were filed to oppose the plea challenging it, the Hindustan Times reported.

The 33% reservation in promotions was introduced in 2004, under which 13% was for SCs, 7% for STs, 3% for Vimukta Jati, 2% to special backward class and the rest for VJNT. It was applicable to those who joined the state government service on or before April 25, 2004, as per their seniority. Those joining after April 25, 2004, were to get promotion as per the date of joining.

However, the May 7 GR cancelled the reservation in promotion two days after the Supreme Court quashed the HC judgment allowing reservations for the Maratha community. The GR also mentioned that promotions by seniority to the 33% vacancies would be subject to the court’s final orders.

Sanjay Ghodke, who has challenged the May 7 GR, said that the rights of those belonging to reserved categories would be affected by the decision. “These reservations of 33% existed since 1974, but now in a single stroke, the state has de-reserved all the seats,” his counsel Indira Jaising argued.

The senior counsel further said that the state had no authority to issue the order, nor had it given any reason or justification while on it and hence it was arbitrary and an about turn from its earlier position.

“In fact, Maharashtra is the only state in this country to de-reserve the posts reserved for SC, ST categories,” she said, adding that the state’s decision is galloping to fill up all the posts meant for reserved categories, as reported by the Hindustan Times.

Jaising sought a stay on the operation of the May 7 GR. However, the bench said that before passing any orders, the matter requires to be heard at length as there are several stake holders involved who too had to be heard.

State’s counsel Mihir Desai said the state has proposed to grant promotions based on the GR. Following this the bench said, “We make it clear that any promotion that would be made by the state government pursuant to the Interim GR May 7 and circular dated May 10 shall be subject to further orders that would be passed by this court at the stage of admission. The promotees, if any promoted pursuant to the GR and circular, shall be informed about the pending proceedings in this court.”

Directing the state government and other respondents to file affidavits in reply to the petitions within two weeks, the bench posted further hearing to June 21.

https://www.hindustantimes.com/cities/others/promotions-after-cancellation-of-33-quota-subject-to-court-orders-bombay-hc-101621972151028.html