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MP Govt to challenge HC Judgment quashing SC/ST Reservation in Promotion before SC

LiveLaw News Network
12 Jun 2016 11:36 PM GMT
MP Govt to challenge HC Judgment quashing SC/ST Reservation in Promotion before SC
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Madhya Pradesh Chief Minister Shivraj Singh Chouhan has told ANI that the Government will challenge the High Court Judgment which quashed reservation for SC/ST Communities in promotions in Government Service. He has also revealed that Attorney General Mukul Rohatgi will argue the case for the Government.

It was on 30th April 2016, a Division Bench comprised of then Chief Justice Ajay Khanwilkar and Justice Sanjay Yadav had set aside quashed Madhya Pradesh Public Services (Promotion) Rules, 2002 which introduced reservation for SC/ST Communities in promotions in Government Service, as it violated the law laid down by the Supreme Court in M. Nagaraj v. Union of India.

These Rules of 2002, were brought in vogue in exercise of the powers conferred by the proviso to Article 309 read with Article 16 and 335 of the Constitution of India, relates to determination of the basis for promotion in public services and posts and also, the reservation in promotion in favour of Scheduled Castes and Scheduled Tribes.

Quashing the Rules the Court held as follows;

“Thus, taking overall view of the matter, the existing provision relating to reservation, backlog vacancies, carry-forward of backlog vacancies and the operation of roster, contained in the Rules of 2002 runs contrary to the constitutional provisions contained in clause (4A) and (4B) of Article 16 and Article 335 of the Constitution and the law predicated in M. Nagaraj Case, are declared ultra vires and non-est in law “.

The court invalidated all promotions granted according to 2002 rules . It is held as follows;

“Consequently, various promotions of SCs/STs category made on the basis of these Rules of 2002 are held to be non-est in the eyes of law and the persons be placed in the position as if the said Rules (i.e. the Rules which are declared ultra vires ) never existed and all actions taken in furtherance thereof must be reverted to status quo ante”

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