Lok Sabha Question No. 1438 (UNSTARRED), answered on 2020-09-20
Subject: Supreme Court’s Judgement on Promotions
Ministry: SOCIAL JUSTICE AND EMPOWERMENT
Asked by: Saptagiri Sankar Ulaka

## GOVERNMENT OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT LOK SABHA

UNSTARRED QUESTION N0.1438 TO BE ANSWERED ON. 20.09.2020

## SUPREME COURT'S JUDGEMENT ON PROMOTIONS

## 1438. SHRI SAPTAGIRI SANKAR ULAKA:

## Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:

- (a) whether the Government is Supreme Court' $ Judgement on not reservation as Fundamental rights for Promotions and associated challenges: having
- (b) if the details thereof: SO.
- whether the Government has taken steps t0 address the issue file review petition Or come up with legislations to mitigate the issues: and
- (d) if not; the reasons therefor?

## ANSWER

## MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT (SHRI RATTAN LAL KATARIA)

(a) to (d): Yes sir. while the matter in the case titled. All India Equality Forum & Ors VS\_ UOI & Ors regarding reservation in promotion, Hon"ble Delhi High Court; vide its which provided for reservation in promotions Government of India has filed an SLP (No. 31288/2017 titled Union of India & Ors Vs. All India Equality Forum Ors" before the Hon"ble Supreme Court which has been tagged with SLP No.30621/2011. titled Jarnail Singh and Ors Vs Lachhmi Narain Gupta & Others and the said case is presently sub judice along with 16 other tagged cases hearing of Uttarakhand & Ors" the Hon "ble Court held that the State Government was not bound to make reservations  and that there is no fundamental right whieh inheres in an individual to claim reservation in promotions. Further; in the Civil Appeal No.3240 of 2011, in the matter; titled Pravakar Mallick & Anr. Vs. The State of Orissa Ors" the Resolution dated 20.3.2002 of the State Government   providing consequential   seniority to the reserved candidates was quashed by the Hon"ble Supreme Court on the ground that it was not Nagaraj compliant: The issue of litigation in both these cases pertains to the services of employees of

the State Government which fall under List Il i.e. ~State List" of the Seventh Schedule of the Constitution, and as such: fall within the jurisdiction of the Government of these States. two

Government is  fully  committed to   protect the interests   of  Scheduled Castes (SCs) and Scheduled Tribes (STs)   especially in the matters of appointment and   promotion in Government Service.

Government has   taken several   steps in this direction: Vide the Amendment,  clause 16(44) was inserted in the Constitution allowing reservation in promotion for SCs and STs in Government service. Through the 81* Amendment; Article 16(4B) was inserted providing carry forward of unfilled reserved vacancies from previous years. Vide Amendment; proviso was inserted in Article 335 of the Constitution allowing the Government to relax the qualifying marks or lowering the standard of evaluation for reserved candidates in matters of promotion to members of SC and ST. Through the Amendment; Artiele 16 (4A) was amended to provide the   consequential   seniority to the SCs in  the matters of promotions. 77th 82nd 85th

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