The Chhattisgarh government has received a temporary concession from the Supreme Court in order to implement the law that grants 58% reservation to people from the Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) in the state government jobs.
The Chhattisgarh High Court’s order, which in September of last year declared an amendment to the 2011 law “unconstitutional” and invalidated it, was stayed by the apex court.
The Chhattisgarh government was making an urgent request before a three-judge bench presided over by Justice BR Gavai. The government claimed that because of the High Court’s stay, recruitment efforts had ceased and the state was suffering from a severe manpower shortage.
“We find that a situation cannot be permitted where the state does not have requisite manpower to run the administration,” the bench, also comprising justices Vikram Nath and Sanjay Karol, said in its order on Monday, taking note of the extraordinary situation.
However, the bench made it clear that any action taken by the state will depend on how the state’s appeal against the Chhattisgarh High Court’s decision of September 19 turns out.
“All appointment and promotion orders shall specifically mention that such appointments and promotions are subject to the final outcome of the present proceedings,” the bench said, as it posted the appeal of the state along with accompanying petitions in July.
In September of last year, the High Court struck down the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Jan Jatiyon aur Anya Pichhade Vargon ke Liye Arakshan) (Sanshodhan) Adhiniyam, 2011, which provided 58% reservation — 12% for SCs, 32% for STs and 14% for OBCs — in public services and posts and to certain educational institutions established, maintained or aided by the state government.
According to the High Court, no compelling evidence had been presented to justify exceeding the 50% reservation ceiling that the Supreme Court had established in the Indira Sawhney case back in 1994.
After the SC’s order, Chhattisgarh chief minister Bhupesh Baghel tweeted: “We all welcome the decision of the Supreme Court to stay the order of the high court on 58% reservation. But our struggle against the conspiracy of BJP against the youth of Chhattisgarh will continue. If the governor signs the new bill only then the right justice will be given. We will fight and win.”
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