News Analysis India

Tag: Reservation

  • Congress says amendment for 10% EWS reservation was result of process initiated under UPA

    By PTI

    NEW DELHI: The Congress on Monday welcomed the Supreme Court verdict upholding the validity of providing 10 per cent reservation to people belonging to the economically weaker sections and said the amendment providing for it was the result of a process initiated by the Manmohan Singh government.

    The Opposition party also said the Modi government is yet to clarify its position on an updated caste census.

    In a landmark verdict, the Supreme Court by a majority view of 3:2 upheld the validity of the 103rd Constitution amendment providing 10 per cent reservation to people belonging to the economically weaker sections (EWS) in admissions and government jobs.

    In a statement, Congress general secretary in-charge communications Jairam Ramesh said the Congress welcomes the Supreme Court judgment upholding the 103rd Constitutional Amendment that provides for the 10 per cent reservation quota for Economically Weaker Sections belonging to castes other than Scheduled Castes, Scheduled Tribes, and OBCs.

    “The amendment itself was the result of a process initiated by Dr Manmohan Singh’s government in 2005-06 with the appointment of the Sinho Commission that submitted its report in July 2010. Thereafter, widespread consultations were held and the Bill was ready by 2014. It took the Modi Sarkar five years to get the Bill enacted,” he said.

    Ramesh said socio-economic and caste census was completed by 2012, when he was the Union rural development minister, and the Modi government is yet to clarify its position on an updated caste census, something the Congress supports and demands.

    The apex court ruled that the quota does not violate the basic structure of the Constitution.

    A five-judge constitution bench headed by Chief Justice U U Lalit pronounced four separate verdicts on 40 petitions challenging the validity of the 103rd Constitution amendment promulgated by the Centre in 2019.

    While Justices Dinesh Maheshwari, Bela M Trivedi and J B Pardiwala upheld the law, Justice S Ravindra Bhat along with the Chief Justice of India shot down the same in their minority view.

    NEW DELHI: The Congress on Monday welcomed the Supreme Court verdict upholding the validity of providing 10 per cent reservation to people belonging to the economically weaker sections and said the amendment providing for it was the result of a process initiated by the Manmohan Singh government.

    The Opposition party also said the Modi government is yet to clarify its position on an updated caste census.

    In a landmark verdict, the Supreme Court by a majority view of 3:2 upheld the validity of the 103rd Constitution amendment providing 10 per cent reservation to people belonging to the economically weaker sections (EWS) in admissions and government jobs.

    In a statement, Congress general secretary in-charge communications Jairam Ramesh said the Congress welcomes the Supreme Court judgment upholding the 103rd Constitutional Amendment that provides for the 10 per cent reservation quota for Economically Weaker Sections belonging to castes other than Scheduled Castes, Scheduled Tribes, and OBCs.

    “The amendment itself was the result of a process initiated by Dr Manmohan Singh’s government in 2005-06 with the appointment of the Sinho Commission that submitted its report in July 2010. Thereafter, widespread consultations were held and the Bill was ready by 2014. It took the Modi Sarkar five years to get the Bill enacted,” he said.

    Ramesh said socio-economic and caste census was completed by 2012, when he was the Union rural development minister, and the Modi government is yet to clarify its position on an updated caste census, something the Congress supports and demands.

    The apex court ruled that the quota does not violate the basic structure of the Constitution.

    A five-judge constitution bench headed by Chief Justice U U Lalit pronounced four separate verdicts on 40 petitions challenging the validity of the 103rd Constitution amendment promulgated by the Centre in 2019.

    While Justices Dinesh Maheshwari, Bela M Trivedi and J B Pardiwala upheld the law, Justice S Ravindra Bhat along with the Chief Justice of India shot down the same in their minority view.

  • 10% EWS quota for people from forward castes: Centre

    By Express News Service

    NEW DELHI:  Supporting the 103rd Constitutional Amendment Act (Act) which granted 10% reservation to economically weaker for admission to central government and private educational institutions and recruitment in central government jobs, the Central government on Tuesday told the Supreme Court that EWS reservation was for the group of people consisting people from forward castes, non-Backward Classes, and general category.

    AG KK Venugopal before a 5 judge bench comprising CJI UU Lalit, Justices Dinesh Maheshwari, SR Bhat, Bela Trivedi & JB Pardiwala also contended that SC/ST/OBC groups were the primary beneficiaries of most reservations and affirmative action policies and thus there was no basis for discrimination. “This reservation is a new evolution, totally independent of reservations for STs, SCs and OBCs. It doesn’t erode their rights,” Venugopal also said. 

    Objecting to the locus of the petitioners challenging the amendment, Venugopal said there were no grounds for discrimination unless these groups (SCs/STs/OBCs) could prove that the amendment affected them directly.

    “In the normal course, unless they show that this amendment has affected them directly, it will not be accepted…Among the general category there is a section which is grossly poor, that is the EWS, why is this 50% limit being fixed?,” AG said. He also referred to a report by the Niti Aayog for highlighted the multidimensional poverty index. 

    NEW DELHI:  Supporting the 103rd Constitutional Amendment Act (Act) which granted 10% reservation to economically weaker for admission to central government and private educational institutions and recruitment in central government jobs, the Central government on Tuesday told the Supreme Court that EWS reservation was for the group of people consisting people from forward castes, non-Backward Classes, and general category.

    AG KK Venugopal before a 5 judge bench comprising CJI UU Lalit, Justices Dinesh Maheshwari, SR Bhat, Bela Trivedi & JB Pardiwala also contended that SC/ST/OBC groups were the primary beneficiaries of most reservations and affirmative action policies and thus there was no basis for discrimination. 
    “This reservation is a new evolution, totally independent of reservations for STs, SCs and OBCs. It doesn’t erode their rights,” Venugopal also said. 

    Objecting to the locus of the petitioners challenging the amendment, Venugopal said there were no grounds for discrimination unless these groups (SCs/STs/OBCs) could prove that the amendment affected them directly.

    “In the normal course, unless they show that this amendment has affected them directly, it will not be accepted…Among the general category there is a section which is grossly poor, that is the EWS, why is this 50% limit being fixed?,” AG said. He also referred to a report by the Niti Aayog for highlighted the multidimensional poverty index. 

  • EWS quota damages “equality” which is the heart of the Constitution: Supreme Court

    Express News Service

    NEW DELHI: Petitioners challenging the 10% reservation granted to the Economically Weaker Sections (EWS) for admission to central government and private educational institutions and recruitment in central government jobs on Tuesday told the SC that the amendment damages the heart of the Constitution which is equality.

    The submission was made before a 5 judge bench comprising CJI UU Lalit, Justices Dinesh Maheshwari, SR Bhat, Bela Trivedi & JB Pardiwala in 39 pleas lead one filed by Janhit Abhiyan that challenged the 103rd Constitutional Amendment that provided a 10% quota for EWS. The pleas were referred to the constitution bench by a bench comprising the then CJI SA Bobde, Justice R Subhash Reddy and Justice BR Gavai on August 5, 2020.

    Professor Dr Mohan Gopal assailing the amendment said that the same sought to nullify, and neutralize the constitution’s idea of treating unequals unequally. Asserting that the quota was a fraud on the Constitution, Gopal said that reservation was a tool of representation in the Constitution for backward groups but EWS confined the benefits of reservation only to “forward classes”.

    Senior Advocate Meenakshi Arora argued that the 103rd amendment was violative of equality in a manner that diluted Socially and Educationally backward classes which were the beneficiaries of reservation and violated the equality code. She also argued that

    “It violates in a manner that it excludes particular segments and thus commitment to equality. For the first time, we’re having an explicit exclusion of the poorest of the poor and the most vulnerable. The procedure is also unequal and discriminatory. To pretend that EWS and backward class both need reservation is not proper. Economic disadvantage is neither entrenched nor enduring. It is temporary and it’s based on an individual disadvantaged which can be remedied with money,’ Arora further said.

    Senior Advocate Sanjay Parikh submitted that the 103rd amendment which provided reservation based on economic criteria by excluding SC, ST and OBC was against the equality code and thus violated the basic features of the Constitution. It was also Parikh’s contention that the economic criteria could not fall within the parameters of reservation or special provision as conceived under the Constitution.

    NEW DELHI: Petitioners challenging the 10% reservation granted to the Economically Weaker Sections (EWS) for admission to central government and private educational institutions and recruitment in central government jobs on Tuesday told the SC that the amendment damages the heart of the Constitution which is equality.

    The submission was made before a 5 judge bench comprising CJI UU Lalit, Justices Dinesh Maheshwari, SR Bhat, Bela Trivedi & JB Pardiwala in 39 pleas lead one filed by Janhit Abhiyan that challenged the 103rd Constitutional Amendment that provided a 10% quota for EWS. The pleas were referred to the constitution bench by a bench comprising the then CJI SA Bobde, Justice R Subhash Reddy and Justice BR Gavai on August 5, 2020.

    Professor Dr Mohan Gopal assailing the amendment said that the same sought to nullify, and neutralize the constitution’s idea of treating unequals unequally. Asserting that the quota was a fraud on the Constitution, Gopal said that reservation was a tool of representation in the Constitution for backward groups but EWS confined the benefits of reservation only to “forward classes”.

    Senior Advocate Meenakshi Arora argued that the 103rd amendment was violative of equality in a manner that diluted Socially and Educationally backward classes which were the beneficiaries of reservation and violated the equality code. She also argued that

    “It violates in a manner that it excludes particular segments and thus commitment to equality. For the first time, we’re having an explicit exclusion of the poorest of the poor and the most vulnerable. The procedure is also unequal and discriminatory. To pretend that EWS and backward class both need reservation is not proper. Economic disadvantage is neither entrenched nor enduring. It is temporary and it’s based on an individual disadvantaged which can be remedied with money,’ Arora further said.

    Senior Advocate Sanjay Parikh submitted that the 103rd amendment which provided reservation based on economic criteria by excluding SC, ST and OBC was against the equality code and thus violated the basic features of the Constitution. It was also Parikh’s contention that the economic criteria could not fall within the parameters of reservation or special provision as conceived under the Constitution.

  • Reservation benefit issue: SC grants three-week to Centre to place on record current stand

    By PTI

    NEW DELHI: The Supreme Court on Tuesday granted three weeks to the Centre to clarify its stand on the pleas, including those raising the issue of Scheduled Castes (SC) reservation benefits to Dalits who have converted to other religions like Christianity and Islam.

    One of the Public Interest Litigations (PIL) filed in the apex court has sought reservation for converted Dalits on the same footing as is extended to the Scheduled Castes following Hinduism, Buddhism, and Sikhism.

    Another petition has sought directions to the government that Christians of Scheduled Castes origin be given the same reservation benefits reserved for the Scheduled Castes.

    A bench headed by Justice S K Kaul was told by Solicitor General Tushar Mehta that the issue has ramifications and he would place on record the current stand of the government.

    “Solicitor General submits that he would like to place on record the current position/stand on the issue in question which deals with the prayer for extension of the claim of reservation from Dalit communities to other religions other than the ones specified.

    On his request, three weeks’ time is granted,” said the bench, also comprising Justices A S Oka and Vikram Nath.

    The bench noted that counsel appearing for the petitioners have stated that they would file a response if any, within a week thereafter.

    “Counsel for parties to file a short synopsis running into not more than three pages each at least three days before the next date. List on October 11,” it said.

    During the hearing, the apex court observed that the legal issue involved has to be settled.

    “All these matters which are pending because of this ‘social ramifications’. And when the day comes, we have to take a call,” the bench orally observed.

    Advocate Prashant Bhushan, appearing for one of the petitioners, said the government had earlier appointed Justice Ranganath Misra Commission which gave a very detailed report on the issue.

    “He is partly right in saying there was a commission appointed, Justice Rangnath Misra commission. But possibly, he missed the point that the government of the day did not accept the recommendations of the commission on the ground that they have not taken into consideration several facts,” the solicitor general said.

    One of the petitions pending before the apex court has said that a Scheduled Caste person professing a religion different from Hinduism, Sikhism and Buddhism cannot be deprived of the benefit of Paragraph 3 of the Constitution (Scheduled Castes) Order, 1950.

    It said that change in religion does not change social exclusion and caste hierarchy continues to hold fort within Christianity even though the religion forbids it.

    The petition contended that paragraph three of the Constitution (Scheduled Castes) Order, 1950 restricts Christians of Scheduled Castes origin from availing of the Scheduled Castes status.

    It said that this restriction was against the fundamental right to equality, religious freedom, and non-discrimination.

    NEW DELHI: The Supreme Court on Tuesday granted three weeks to the Centre to clarify its stand on the pleas, including those raising the issue of Scheduled Castes (SC) reservation benefits to Dalits who have converted to other religions like Christianity and Islam.

    One of the Public Interest Litigations (PIL) filed in the apex court has sought reservation for converted Dalits on the same footing as is extended to the Scheduled Castes following Hinduism, Buddhism, and Sikhism.

    Another petition has sought directions to the government that Christians of Scheduled Castes origin be given the same reservation benefits reserved for the Scheduled Castes.

    A bench headed by Justice S K Kaul was told by Solicitor General Tushar Mehta that the issue has ramifications and he would place on record the current stand of the government.

    “Solicitor General submits that he would like to place on record the current position/stand on the issue in question which deals with the prayer for extension of the claim of reservation from Dalit communities to other religions other than the ones specified.

    On his request, three weeks’ time is granted,” said the bench, also comprising Justices A S Oka and Vikram Nath.

    The bench noted that counsel appearing for the petitioners have stated that they would file a response if any, within a week thereafter.

    “Counsel for parties to file a short synopsis running into not more than three pages each at least three days before the next date. List on October 11,” it said.

    During the hearing, the apex court observed that the legal issue involved has to be settled.

    “All these matters which are pending because of this ‘social ramifications’. And when the day comes, we have to take a call,” the bench orally observed.

    Advocate Prashant Bhushan, appearing for one of the petitioners, said the government had earlier appointed Justice Ranganath Misra Commission which gave a very detailed report on the issue.

    “He is partly right in saying there was a commission appointed, Justice Rangnath Misra commission. But possibly, he missed the point that the government of the day did not accept the recommendations of the commission on the ground that they have not taken into consideration several facts,” the solicitor general said.

    One of the petitions pending before the apex court has said that a Scheduled Caste person professing a religion different from Hinduism, Sikhism and Buddhism cannot be deprived of the benefit of Paragraph 3 of the Constitution (Scheduled Castes) Order, 1950.

    It said that change in religion does not change social exclusion and caste hierarchy continues to hold fort within Christianity even though the religion forbids it.

    The petition contended that paragraph three of the Constitution (Scheduled Castes) Order, 1950 restricts Christians of Scheduled Castes origin from availing of the Scheduled Castes status.

    It said that this restriction was against the fundamental right to equality, religious freedom, and non-discrimination.

  • RJD claims reservation within party structure is implemented

    Express News Service

    NEW DELHI: Days after the patch-up with Janata Dal (United), the Rashtriya Janata Dal (RJD) claimed on Sunday to have become the first party in the country to implement ‘reservation’ in its organizational structure. This has been done at a time almost national and regional parties, especially in Bihar BJP included, are working on this equation to create a strong vote-bank on the basis of social engineering ahead of the 2024 LS and the 2025 assembly elections. 

    This reservation roster in the organisational elections of RJD will continue in effect further with an aim to make what RJD chief calls-‘samata-mulak samaj’.(egalitarian society).

    Sharing details with this newspaper here, Chittaranjan Gagan- assistant national chief electoral officer of RJD, said that reservation has been implemented in the party for organisational structure with the purpose of giving special representation to the most backward and scheduled castes and tribes in the organizational structure.

    “A provision has been made for special reservation for these classes in the constitution of RJD.  According to the constitutional provisions of the party, 28 per cent of posts of party office bearers at the block and district levels including the party district presidents have been reserved for the most backward classes and 17 per cent for the scheduled castes and tribes now”, he claimed.

    He further elaborated that the same roster of reservations has been implemented in the organizational election year 2022-2025, which was earlier implemented in the organizational election year 2019-2022.

    The category, for which the posts of block president and district president were reserved in the last organizational year, would continue same for the same category in this organizational year also. “There has been no change in the previous roster”, he said.

    At present, the RJD has around 50 organizational district units in Bihar. “Among these units, 17 district units, the party president post has been reserved for the most backward classes whereas in 7 district units, the president’s post has been reserved for the Scheduled Castes and Scheduled Tribes.

    Sharing details, he said that  Vaishali, Muzaffarpur, Madhubani, Darbhanga,Samastipur, Begusarai , Supaul, Saharsa, Purnia, Purnia , Munger, Bhagalpur , Banka, Biharsharif , Jehanabad and Patna Mahanagar(metropolis) have been reserved for the most backward, whereas  Navgachia, Arwal, Kaimur, Nalanda, Araria, Siwan and Bagaha have been reserved for SC and ST.

    “Along with this, provision has been made for co-opted members to ensure proper representation of special interests in the organization.  Under which, out of the total co-opted members at various levels, except the initial unit, the participation of minimum of 25 per cent women, 25 per cent minorities, 30 per cent scheduled castes/tribes and the remaining 20 per cent of those sections which have not got representation will be ensured”, he added.  In the primary unit, one member of the SC/ST will be represented as a ‘sahvarit’ (co-opted) member.

    NEW DELHI: Days after the patch-up with Janata Dal (United), the Rashtriya Janata Dal (RJD) claimed on Sunday to have become the first party in the country to implement ‘reservation’ in its organizational structure. This has been done at a time almost national and regional parties, especially in Bihar BJP included, are working on this equation to create a strong vote-bank on the basis of social engineering ahead of the 2024 LS and the 2025 assembly elections. 

    This reservation roster in the organisational elections of RJD will continue in effect further with an aim to make what RJD chief calls-‘samata-mulak samaj’.(egalitarian society).

    Sharing details with this newspaper here, Chittaranjan Gagan- assistant national chief electoral officer of RJD, said that reservation has been implemented in the party for organisational structure with the purpose of giving special representation to the most backward and scheduled castes and tribes in the organizational structure.

    “A provision has been made for special reservation for these classes in the constitution of RJD.  According to the constitutional provisions of the party, 28 per cent of posts of party office bearers at the block and district levels including the party district presidents have been reserved for the most backward classes and 17 per cent for the scheduled castes and tribes now”, he claimed.

    He further elaborated that the same roster of reservations has been implemented in the organizational election year 2022-2025, which was earlier implemented in the organizational election year 2019-2022.

    The category, for which the posts of block president and district president were reserved in the last organizational year, would continue same for the same category in this organizational year also. “There has been no change in the previous roster”, he said.

    At present, the RJD has around 50 organizational district units in Bihar. “Among these units, 17 district units, the party president post has been reserved for the most backward classes whereas in 7 district units, the president’s post has been reserved for the Scheduled Castes and Scheduled Tribes.

    Sharing details, he said that  Vaishali, Muzaffarpur, Madhubani, Darbhanga,Samastipur, Begusarai , Supaul, Saharsa, Purnia, Purnia , Munger, Bhagalpur , Banka, Biharsharif , Jehanabad and Patna Mahanagar(metropolis) have been reserved for the most backward, whereas  Navgachia, Arwal, Kaimur, Nalanda, Araria, Siwan and Bagaha have been reserved for SC and ST.

    “Along with this, provision has been made for co-opted members to ensure proper representation of special interests in the organization.  Under which, out of the total co-opted members at various levels, except the initial unit, the participation of minimum of 25 per cent women, 25 per cent minorities, 30 per cent scheduled castes/tribes and the remaining 20 per cent of those sections which have not got representation will be ensured”, he added.  In the primary unit, one member of the SC/ST will be represented as a ‘sahvarit’ (co-opted) member.

  • Removal of reservation in promotion to SC/STs would lead to employee unrest: Centre to SC

    By Express News Service

    NEW DELHI: The Central Government in an affidavit filed before the Supreme Court has said that quashing of reservation in promotion to Scheduled castes and scheduled tribes employees in government jobs may lead to employee unrest and “multiple litigation”. 

    The Centre has added that requisite exercise has been undertaken to collect quantifiable data on SCs and STs in order to ascertain their inadequacy of representations in posts under the Central government.

    The top court was dealing with a batch of petitions relating to reservations. The Union government has added that the policy for reservation is in consonance with the Constitution and the law laid down by the top court.

    “In case the aforesaid SLPs are not allowed, it would necessitate withdrawal of the benefits in promotion and own merit promotion granted to SC employees. This may lead to reversion of ST and SC employees, refixation of their salaries including refixation of pension of many employees who may have retired in the meantime, recovery of excess salaries/pensions so paid to them. This would result in multiple litigation and employee unrest.” The affidavit reads.

    “As per the data furnished by the ministries/department, more than four and a half lakh employees were given promotions in group B and group C during 2007-2020… Since the policy is also related Central Public Service Undertaking, Public sector banks, public insurance companies and organisations under Government of India, SC/STs employees in these organisations may face similar consequences of reversions to lower posts, reduction in pension/family pension, recovery of over payment from many employees a few who may have died, alterations in seniority etc. Thus not allowing the aforesaid SLPs regarding restorations of OMs regarding reservation in promotion and promotion of SC/STs employees on own merit would have widespread consequences.” It added.

    The apex court had earlier directed the Union government to file an affidavit on the contemporaneous data that is available to the government along with “application of mind” on data for providing reservation in promotion to Scheduled Castes and Scheduled Tribes in government jobs.

    The top court on January 28 had refused to “lay down any yardstick” for granting reservation in promotion to SCs and STs in government jobs saying determination of their inadequate representation is the discretion of the State.

    (With Inputs From Agencies)

  • Haryana law providing reservation in private sector jobs for locals put on hold, state to file SLP

    By PTI

    CHANDIGARH: The Punjab and Haryana High court on Thursday granted an interim stay on the Haryana government’s law providing 75 per cent reservation in private sector jobs for residents of the state.

    A bench of Justices Ajay Tewari and Pankaj Jain passed the order on a petition filed by an industries association from Faridabad and other associations from Haryana.

    Haryana’s Additional Advocate General Jagbir Singh Malik said the State will be filing a Special Leave Petition (SLP) against the order before the Supreme Court.

    The interim order has come as a relief for companies in the state which feel that the Haryana State Employment of Local Candidates Act, 2020 would have a bearing on their future business operations and investments.

    Providing 75 per cent reservation in private sector jobs for state domicile in the private sector was a key poll promise of the Jannayak Janta Party at the time of 2019 assembly polls.

    After the polls, it formed a government in alliance with the BJP after the saffron party fell short of attaining simple majority on its own.

    After the high court granted interim stay, Deputy Chief Minister and JJP leader Dushyant Chautala tweeted, “We will continue to fight for employment opportunities of Haryanvi youth #75%reservation”.

    The Haryana State Employment of Local Candidates Act, 2020 provides 75 per cent reservation in the private sector to job seekers from the state and came into force from January 15.

    The Act is applicable to employers of private sector companies, societies, trusts, limited liability partnership firms, partnership firms and any person who employs 10 or more persons on salary, wages or other remuneration for the purpose of manufacturing, carrying on business or rendering any service in Haryana.

    Advocate Tushar Sharma, counsel for one of the petitioners, said they had challenged the vires of the Act.

    “I was representing one of the petitioners– IMT Manesar Association and Manesar Industrial Welfare Association. We were challenging vires of the Act, we were saying this Act is unconstitutional, discriminatory and violative of fundamental rights of our members and were seeking quashing of the Act. The court admitted the petition,” Sharma said over phone.

    “Seven to eight petitions had been filed challenging this Haryana Act. The Act has been kept in abeyance in a way,” he said.

    Additional AG, Malik, said while defending the law, the state’s stand was “that industries are getting various benefits including plots on concessional rates, then why should our youth not get the benefits in employment”.

    Malik said that earlier 900 industrial units of the state had given their consent in favour of the 75 per cent reservation for local youth in private sector jobs.

    As the law came into effect last month, Deputy Chief Minister Chautala had said it will open new avenues of employment for thousands of youth.

    The Haryana State Employment of Local Candidates Act, 2020, applies to jobs offering a maximum gross monthly salary or wages of Rs 30,000 came into effect from January 15.

    It is a “historic day” for the youth of Haryana, Chautala had said last month referring to the Act coming into effect.

    In November, Chief Minister Manohar Lal Khattar had said the Act will be made applicable with effect from January 15 this year.

    Though the government had promised that the Act will apply for all jobs that offer a gross monthly salary up to Rs 50,000, it issued another notification last year specifying that the upper cap had been reduced to Rs 30,000.

    In March 2021, Haryana Governor Bandaru Dattatreya had given his assent to the Haryana State Employment of Local Candidates Bill, 2020.

  • Haryana law providing 75 per cent reservation in private sector jobs for locals put on hold

    By PTI

    CHANDIGARH: The Punjab and Haryana High court on Thursday granted an interim stay on the Haryana government’s law providing 75 per cent reservation in private sector jobs for residents of the state.

    The counsel for one of the petitioner’s, which had challenged the Act, said the court has granted the interim stay.

    The order has come as a relief for companies in the state which feel that the law would have a bearing on their future business operations and investments.

    The Haryana State Employment of Local Candidates Act, 2020 provides 75 per cent reservation in the private sector to job seekers from the state and came into force from January 15.

    The Act is applicable to employers of private sector companies, societies, trusts, limited liability partnership firms, partnership firms and any person who employs 10 or more persons on salary, wages or other remuneration for the purpose of manufacturing, carrying on business or rendering any service in Haryana.

  • Backlog of SC/ST list vacancies in Central ministries doubles in 4 years

    By Express News Service

    NEW DELHI:  Government data revealed that the number of unfilled posts in the Scheduled Castes/Scheduled Tribes reserved category in Central ministries has increased substantially over the years. As per the data from the Department of Personnel & Training (DoPT), the backlog vacancies in SC and ST category in was 8,223 and 6,955 in the year 2016 and it increased to 14,366 and 12,612 in the year 2019. The Supreme Court on Wednesday took note of lower presence of SCs,STs in government jobs. 

    The data also disclosed that more than 50 per cent of posts in the SC/ST category are lying vacant in the year 2019. The data on backlog vacancies said that in SC category, there were 13,979 filled up positions and 14,366 unfilled out of total 28,345 posts. The situation looked similar in the ST category as there were 9,404 filled up posts and 12,612 unfilled as against the total vacancies of 22,016 in ST category. 

    The department monitors the progress in filling up of backlog reserved vacancies for SCs, STs and OBCs with ten Ministries/Departments. It has said that filling of vacancies, along with backlog reserved vacancies, is a continuous process and instructions have been issued to all ministries and departments of the Central government to constitute an In-House Committee for identification of backlog reserved vacancies, to study the root cause of such vacancies, to initiate measures to remove the factors causing such vacancies. 

    As per the department, each ministry and department of the Centre is required to designate an officer of the rank of deputy secretary and above, as Liaison Officer, to ensure due compliance of the orders and instructions on reservation.  A parliamentary standing committee in its recent report also said the backlog vacancies are multiplying.

  • Issue directions for reservation to disabled: Supreme Court

    By Express News Service

    NEW DELHI:  The Supreme Court on Tuesday directed the Centre to issue instructions at the earliest and not later than four months for giving reservation in promotions to persons with disabilities. The order was passed on a plea filed by the central government seeking clarification with respect to its judgment in which it was declared that persons with disabilities have right to reservation in promotions.

    The court said there are no ambiguities in the judgment and directed the Centre to issue instructions in terms of proviso to Section 34 of the 2016 Act for implementing reservation in promotions for persons with disabilities. The said proviso reads as, “Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time.”

    A bench of Justices L Nageswara Rao, B R Gavai and Sanjiv Khanna passed the order after the petitioners argued that five years after the Act came into force, no instructions have been issued and hence implementation of reservation in promotions is being delayed.