Nainital HC cancels govt mandate of reservation in promotion
In Uttarakhand, the path to reservation based promotion for Scheduled Castes and Scheduled Tribes employees and officials has become clear. The Nainital High Court has canceled the mandate issued by the Uttarakhand government in this matter. The government had issued this mandate on September 5, 2012. The joint bench of Chief Justice Justice Ramesh Ranganathan and Justice NS Pradhan heard the case on Monday. Of course, the court has said that if the government wants it, it can make a law under Article 16 (4A) of the Constitution. It is worth mentioning here that the country’s highest court has stamped the reservation in promotion in September 2018.
Gyan Chandra resident of Rudrapur had filed a petition in the High Court in this case. It was challenged by the government’s order of September 5, 2012. In this mandate, the government banned reservation in promotion in the state. In the petition, it demanded the repeal of the constitution and the decision of the Supreme Court from time to time.
Mandate issued after order of high court
The government had issued the mandate after the High Court’s decision. After a hearing in a petition on July 10, 2012, the High Court banned reservation in the promotion without completing the provisions. In fact, the High Court gave the verdict in July 2012 by forming the basis of the judgment of the Supreme Court which came in 2006 in M. Nagaraj v. Indian Government. In the decision in this matter, the Supreme Court had said that before making provision for reservations for promotion of SC-ST classes, the government will have to collect relevant class figures . It included data such as the number of people left behind, the percentage of representation and its effect on the administration’s work. The Uttarakhand government could not collect this figure. Although the government had formed the committee under the chairmanship of Justice Irshad Hussain and started the exercise of collecting data, which is no longer needed.
Supreme Court decision in September 2018
The Supreme Court had heard the case in September 2018. Clearly stating reservation should be given in the promotion. In this judgment, the Supreme Court has clarified that in order to provide reservation in the promotion, there is no need to meet the criteria set forth in 2006 and gather information related to it. Harimohan Bhatia, advocate of the petition in the High Court, said that keeping in view all these things, the Nainital High Court has canceled the GO of the government.
