Sample Letter For Reservation Promotions For Scs / Sts

1358 WordsApr 24, 20176 Pages
4A in Article 16 i.e. 16(4A) w.e.f. 17.06.1995 making provision for reservation in promotions for SCs/STs. In the case if Veerpal Singh Chauhan, the Supreme Court through a 2 Judges Bench on 10.10.1995, 3 Judges Bench on 01.03.1996 and 5 Judges Bench on 16.09.1999 introduced the ‘Catch up Rule’ to enable general candidates to regain their seniority immediately on promotion over SCs/STs who had been promoted earlier through reservation and had gained seniority over general candidates. With a view to removing yet another anomaly, 85th Amendment of the Constitution was put into effect w.e.f. 17.06.1995 for giving consequential seniority to SCs in matters of reservation in promotion. The 77th & 85th amendment in the Constitution were…show more content…
However, in the present case there is neither any dispute about the existence of the power nor is there any dispute about the nature of the power of amendment. The issue involved in the present case is concerning the width of the power. The power to amend is an enumerated power within the Constitution and, therefore, its limitations, if any, should be found within the Constitution itself. The concept of reservation in Article 16(4) is qualified by 3 constitutional necessities, namely, backwardness of a class, inadequacy of representation in public employment of that class and overall efficiency of the administration. These requirements aren’t destroyed by the impugned constitutional amendments. Reservation isn’t the problem. What’s the problem is the extent of reservation. If the scope of reservation is more then it makes an inroad into the principle of equality in Article 16(1). Extent of reservation, as given above, will rely on the facts of each case. Backwardness and inadequacy in the representation are compelling reasons for the State Governments to provide representation in the public employment. Therefore, if in a given case the court finds excessive reservation under the State enactment then such an enactment

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