SC/ST/OBC Reservation Will Be Given In Temporary Appointments Which Last For 45 Days Or More : Centre Tells Supreme Court

The Central Government has informed the Supreme Court that reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes will be given in temporary appointments which are to last for 45 days or more. It further said that instructions have been issued to all Ministries and Departments to strictly implement this reservation in temporary posts.

Responding to a writ petition which sought for SC/ST/OBC reservation in temporary jobs, the Central Government informed the Court about Office Memorandum no. 41034/4/2022-Estt. (RES-I) dated 21.11.2022 issued by the Department of Personnel and Training, Ministry of Personnel, Public Grievances & Pensions, Government of India. 

Referring to previous OMs issued in 1968 and 2018, the present OM said :

"...it has been reiterated that in respect of appointments to Central Government posts and services, there shall be reservation for Scheduled Caste/ Scheduled Tribe/ Other Backward Class candidates in temporary appointments which are to last for 45 days or more."

The OM further referred to a report of the Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes, which observed that the instructions for reservations in temporary jobs are not being followed in letter and spirit by all the departments. In this backdrop, the Ministry said :

"...all the Ministries/Departments are requested to ensure that reservation for Scheduled Castes/Scheduled Tribes/Other Backward Classes shall be made in all temporary appointments which are to last for 45 days or more. These instructions should be conveyed to all concerned for strict compliance.”

Taking note of this OM, the bench comprising Justices Sanjiv Khanna and SVN Bhatti disposed of the writ petition. In case there is violation of this Office Memorandum, the Court clarified, it will be open to the petitioners or an aggrieved party to take recourse to appropriate remedy in accordance with law. 

Further, the bench recorded the statement of the counsel appearing for the Union Government that a mechanism is in place to deal with cases of failure to follow or abide by the Office Memorandum dated 21.11.2022.

Senior Advocates Sanjay Hegde, Ayush Negi, AOR, Kartik Venu, Adv, Vishakha Upadhyay, Adv, Shikhar Chanda, Adv. appeared for the petitioners.

Additional Solicitor General KM Nataraj appeared for the Union Government.

Case Title : Md Imran Ahmad and others v. Union of India and others

Citation : 2023 LiveLaw (SC) 854

Click here to read the order