Reservation in promotion: SC upholds SC/ST right  

New Delhi: The Supreme Court on Oct. 11 upheld the validity of the circular dated Jan. 25, 1973 issued, by the Controller and Auditor-General (CAG) of India regarding ‘reservation’ in favor of candidates of Scheduled Castes and Scheduled Tribes in regard to filling up of posts “by promotion” on the basis of “seniority subject to fitness.” Justice Yogeshwar Dayal, who delivered the judgment, was setting aside a judgment of the Allahabad High Court directing the CAG and the Uttar Pradesh Accountant-General, Allahabad, not to enforce the circular as a rule. The Government could direct the “reservation” by “executive orders” and the High Court was not right in stating that there could not be an “administrative order” directing reservation for SC/STs as it would alter the statutory rules in force. Certain Scheduled Caste candidates (respondents in the High Court), who were denied the benefit of the impugned circular for promotion to the posts of “accounts officers” (from the posts of ‘section officers’) in the office of the accountant-General, Allahabad, field an appeal in the apex court against the judgment of the high court along with an appeal from the CAG. The Bench was allowing this appeal moved against the High Court judgment. (Hindu, Oct. 12).