In an important ruling on “judicious” application of the reservation policy in promotion to the government employees, the Supreme Court has held the SC, ST and OBC officials could not be allowed to encroach upon the share of general category and the elevation of officials under the quota have to be done only after ascertaining actual number of vacant posts for them.
In the opinion of the apex court, this was necessary as otherwise an official belonging to SC, ST and OBC category if promoted without ascertaining the actual number of the vacant reserved posts, would capture the posts of general category as once an official is promoted to higher level he will have to be accommodated against a vacant post.
While resoling such intricacies often arising in the government departments at the time of processing promotion of the officials belonging to SC, ST and OBC, the court said ascertaining the number of actual quota posts lying vacant before setting the process in motion was mandatory for the authorities concerned.
Stating that the dispute regarding such anomalies had already been resolved by a “constitution bench” in Nagraj case verdict of 2006, a bench of Justices Altamas Kabir and A.K. Patnaik clarified that “after that verdict the position is that the reservation of posts in promotion is dependent on the inadequacy of representation of members of SC, ST and OBC and subject to the condition of ascertaining as to whether such reservation was at all required.”
The important clarification about “judicious” use of the reservation policy came on a five-set of appeals filed by some government officials of Rajasthan belonging to reserved categories, challenging the Jaipur high court’s verdict quashing a series of notifications issued by the state government for processing promotion of the SC, ST and OBC officials without verifying actual number of the reserved posts lying vacant in different departments.
“The HC had rightly quashed the notifications dated December 28, 2002 and April 25, 2008 issued by the state of Rajasthan providing for consequential seniority and promotion to the members of SC and ST communities and the same does not call for any interference,” the top court ruled, while upholding the HC verdict and dismissing the appeals of the quota officials.
The apex court made it clear to the Centre and the states that it was the duty of the government to ensure that a “junior official” does not become a “senior” merely by granting him promotion on the belief of his entitlement for quota-based elevation without taking into account any other consideration like “performance” when there was no occasion for granting such “accelerated promotion” to the reserved categories.