SC go-ahead for reservation in promotions

New Delhi, June 5: The Supreme Court on Tuesday permitted the Centre to go ahead with reservation in promotions to certain categories of staff in accordance with law but did not stay a Delhi High Court judgment that quashed an office memorandum on such reservation.

"It is made clear that the Union of India is not debarred from making promotions in accordance with law," a vacation bench of Justice Adarsh Kumar Goel and Justice Ashok Bhushan said, holding that it would be subject to further orders of the apex court.

The Centre had sought an 'ex parte ad interim' stay on the High Court's verdict dated August 23, 2017 wherein the office memorandum dated August 13, 1997 for reservation in promotions to Scheduled Castes and Scheduled Tribes was quashed since it did not conform to the conditions stipulated in the top court's Constitution Bench judgment in M. Nagaraj case in 2006. The office memorandum was based on Article 16 (4A) of the Constitution, which says that the State can make provisions for reservation in matter of promotions with consequential seniority in favour of the SCs/STs. Holding that nothing came in the way of the government going ahead with reservation in promotions, the court tagged the Centre's plea with another pending matter that would be heard by the Constitution Bench.

Arguing the matter, Additional Solicitor General Maninder Singh placed before the vacation bench an order passed on May 17 by a bench headed by Justice Kurian Joseph which said that the government could go ahead with the promotions in all categories. "It is directed that the pendency of this Special Leave Petition shall not stand in the way of Union of India taking steps for the purpose of promotion from 'reserved to reserved' and 'unreserved to unreserved' and also in the matter of promotion on merit," said the May 17 order. (IANS)