HC quashes law provisions on accelerated promotions to SCS

CHANDIGARH:THE Punjab and Haryana high court has quashed provisions in law enacted by the Punjab government which gave reservation in promotion to Scheduled Caste (SC) employees of the state.

The Punjab and Haryana high court division bench of justice Rajesh Bindal and justice BS Walia allowed a August 2014 petition quashing the provisions enacted by state government in 2006. A detailed order from the high court is awaited. “The provisions in law has been declared ultra vires by the high court,” confirmed, advocate from petitioners’ side DS Rawat.

The provisions giving accelerated promotions to SCS was challenged by Aman Kumar and others against the provisions of Section 4 (3), 4 (4) & 4 (8) of the Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006. It gave 20% reservation in group C and D category and 14% in group A and Group B. Lawyers said thousands of employees have been promoted as a result of the law. If Supreme Court doesn’t stay the HC order, the promoted officials will stand reverted to their previous posts, said Rawat.

The petitioners had argued that before making promotions on the basis of reservation, the state government has to collect quantifiable data showing backwardness of the class and inadequacy or representation of that class in public employment. “The government did not carry out any such exercise for the same and decision was taken on the basis of advice of then legal remebrancer,” the Rawat added.

The petitioners had also referred to the Supreme Court judgments in which it was opined that state was not bound to make provision for reservation for SCS and STS (Scheduled Tribes) in promotions.

However, if this discretion was to be exercised, the state had to first collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public appointment.