Maharashtra govt to move SC against the order of HC on quota in promotions

The Maharashtra government will challenge a high court ruling on quota in promotions for employees belonging to SC/STs and certain other categories in Supreme Court and has decided to hire a top advocate to argue its case, a minister of Maharashtra government has said.

On August 4, the Bombay High Court set aside a 2004 government resolution (GR) which provided for reservation in promotions in government jobs for people from SC/STs, Denotified Tribes (DTs), some Nomadic Tribes (NTs) and Special Backward Classes (SBCs).

Minister of State for Social Justice Dilip Kamble said the state government has decided to challenge the verdict given by a division bench of the HC. Chief Minister Devendra Fadnavis has approved the Social Justice Department’s proposal to rope in a top lawyer to argue the government’s case in the apex court, said Kamble.

The bench of Justices Anoop Mohta and Amjad Sayed had held the resolution ultra vires (beyond the scope) of the Constitution and contrary to the existing laws. “The HC verdict has affected the promotions of about 15,000 government employees from SC/ST, Denotified Tribes, Notified Tribes, Special Backward Classes, and Other Backward Classes,” minister of state for social justice said.

“We hope the government will get justice in the SC,” the minister added. After the August 4 verdict, the HC had suspended its order for 12 weeks to allow the government to challenge it in the Supreme Court. The GR had granted 33 per cent quota at promotion stage for the government employees belonging to the SC, ST, DT, NT and SBC categories.


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