RESERVATION IN PROMOTION IN FAVOUR OF OBCs
The below information was given by the Ministry of Personnel, Public
Grievances and Pensions and Minister of State in the Prime Minister’s
Office SHRI V. NARAYANASAMY to a written reply in Lok Sabha on
5.9.2012.
The Supreme Court in its judgment dated 19.10.2006 in the matter of M.
Nagaraj & others v. Union of India & others [Writ Petition (C)
No.61/2002] while upholding the validity of the Constitutional
Amendments, viz. the 77th Amendment, the 81st Amendment, the 82nd
Amendment and the 85th Amendment stipulated that the State concerned
will have to show in each case the existence of the compelling reasons,
namely, backwardness, inadequacy of representation and overall
administrative efficiency before making provision for reservation in
promotion.
Relying on the judgment of the Supreme Court in M. Nagaraj case, the
High Court of Rajasthan and the High Court of Allahabad have struck down
the provisions for reservation in promotion in the services of State of
Rajasthan and the State of Uttar Pradesh, respectively. The Supreme
Court in its judgment dated 27.4.2012 in the case of UP Power
Corporation Ltd. v/s. Rajesh Kumar & Ors. upheld the decision of the
High Court of Allahabad.
An all Party Meeting was held by Hon’ble Prime Minister on 21.8.2012 to discuss the issue.
At present, there is no proposal under consideration of the Government
to provide reservation in promotion to OBCs and Backward minorities. The
provisions of the Constitution do not enable the Government for making
provisions for reservation in promotion in favour of OBCs.
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