HC: PROMOTION UNDER 33% QUOTA AFTER MAY 7 GR SUBJECT TO ORDER

MUMBAI: The Bombay high court (HC) on Tuesday made it clear that the promotions given by state 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.

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 May 7 GR cancelled the reservation in promotion and 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. His counsel Indira 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.