New Delhi: The supreme court’s bar on reservations in promotions applies not only to the BCs but also to the Scheduled Castes (SCs) and Scheduled Tribes (STs).
This is because the Mandal judgment delivered on Nov. 16 has with a “finality”, laid down the scope of Article 16(4) – the constitutional provision under which lakhs of SC, STs have over the years received the benefit of reservations in recruitment as well as promotion.
Given the gravity of the situation, the apex court has attached two riders to its ruling on the promotion issue. It shall operate only prospectively, and therefore, promotions already made on the basis of reservations will not be revoked. Secondly, the existing reservations in the Central and state services may continue to operate for another five years.
The court has also clarified that if there was inadequate representation of the SCs, St, BCs at higher levels in the services, it was always open to the govt. to provide for direct recruitment on the basis of reservation. It has pointed out that generally a lot of posts were filled partly by promotion and the rest by direct recruitment. (Times of India. Nov.20)
