The Supreme Court has recalled a previous order of 2006 in a similar matter and has referred the issue to a constitutional bench.
Mumbai: The Maharashtra government has filed a special leave petition (SLP) in the Supreme Court challenging a Bombay high court order that struck down a government resolution propounding reservation in promotions for scheduled caste (SC) and scheduled tribe (ST) category employees.
The high court in a 2:1 decision in August had said that reservations in promotion was not valid, which has been challenged by the state. The Supreme Court has recalled a previous order of 2006 in a similar matter and has referred the issue to a constitutional bench.
According to advocate Rajesh Vanzara, who is appearing on behalf of the state in the apex court, the SLP was prompted after the August 4, 2017 order of the referral judge of the Bombay high court who was asked to adjudicate on the issue of reservation in promotion after there was a difference of opinion between the division bench that was hearing the matter.
Recalling the case, Mr Vanzara said that while Justice Anoop Mohta held that reservation in promotion was valid, Justice A.A. Sayed held that it was not, as the state had not produced quantifiable data to prove the need for such a reservation.
Justice M.S. Sonak, the referral judge, had also upheld the view of Justice Sayed and rejected the decision of the state to provide reservation in promotions. The order was passed in the writ petition filed by Vijay Ghogre, an executive engineer with the Maharashtra Krishna Valley Development Corporation.
The SC has now decided to revisit the case and has referred it to a five-judge bench to check the constitutional validity of the reservation in light of article 145 of the Constitution.