UPDATE: Constitution 117th Amendment Bill has been introduced in the Rajya Sabha
just read the following order where I appeared for the State govt. and you wud notice a slightly different approach:
When Special Leave Petition (C) No.30143 of 2009 came up for
hearing on 26th April, 2010, this Court passed the following order, in
view of the statement made by the learned counsel appearing for the
State of Himachal Pradesh, and the special leave petition was disposed
"The State of Himachal Pradesh has issued a Circular
on 07.09.2007 as regards the promotion of SCs/STs in the State
service. The said circular was challenged by the respondent No.1
and the circular was quashed by the High Court by the impugned
judgment. Learned counsel appearing for the State submits that
the circular issued on 07.09.2007 has since been withdrawn as
the State intends to collect more details with regard to
representation of SCs/STs and to pass appropriate orders within
reasonable time i.e. approximately within three months after
collecting necessary details and datas. The petitioner would be
at liberty to take appropriate steps, if any adverse order is
passed. This Special Leave Petition and the Contempt Petition
are thus disposed of finally."
Pursuant to the aforesaid order, it appears that the State of
Himachal Pradesh has collected the necessary data as on 31.12.2011.
This is evident from the answers given to the Assembly Question
Unstarred No.196, to which the reply was given on 4.4.2012. The
question was specific in the following terms:
(a) How much is the present SC/ST backlog in the State; and
(b) What steps the Government is taking to fill-up the
backlog of these categories?
The answer to the aforesaid question (a) and (b) was that
"The necessary information is at Annexure – "A"."
A perusal of the Annexure-A shows that the details of backlog
position of Scheduled Castes/Scheduled Tribes in direct recruitment
and promotion in the services of the State and
Boards/Corporations/Public Sector Undertakings etc. as on 31.12.2011.
That being the position, we are of the considered opinion that there
should be no impediment in the way of the respondents in taking a
final decision on the question of providing reservation to the members
of Scheduled Castes and Scheduled Tribes in the matter of promotion
within the State of Himachal Pradesh.
Learned counsel appearing for the State of Himachal Pradesh
submits that the Government will require at least six months time to
take the necessary decision. We are not inclined to accept the
aforesaid submission. In our opinion, in the facts and circumstances
of this case, it is necessary for the State of Himachal Pradesh to
take the necessary policy decision on the question of providing
reservation to the members of Scheduled Castes and Scheduled Tribes in
the matter of promotion in the services within the State of Himachal
Pradesh, within a period eight weeks from the date of receipt of a
certified copy of this order.
The State of Himachal Pradesh is directed to place on record
the compliance report before the next date of hearing.
This matter shall stand over for ten weeks.
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