The application filed for review of the judgment in Writ Petition No.117 of 2019 was decided by a judgment dated 08.11.2019 by the High Court.
Civil Appeals S.L.P. Civil No.
The Appeals arising out of Civil Appeal S.L.P. Civil No.25508 of 2019 and Civil Appeal S.L.P. Civil Diary No.39572 of 2019 have been filed assailing the judgment of the High Court dated 01.04.2019.
The High Court was of the opinion that the judgment in Vinod Prakash Nautiyal supra related to the companystitutional validity of Section 3 7 of the 1994 Act alone and the Notifications pertaining to reservation in promotion in favour of Scheduled Castes and Scheduled Tribes were number set aside.
The Uttar Pradesh Public Services Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 1994 for short the 1994 Act provided for reservation in public services and posts in favour of persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens.
21 reservation for Scheduled Castes was modified to 19 and 2 for Scheduled Tribes was increased to 4.
23701 of 2019 and Civil Appeal S.L.P. Civil No.22640 of 2019 are challenging the judgment dated 15.07.2019.
The Writ Petition was disposed of by the High Court on 15.07.2019 with a direction to the State Government to implement reservations in promotion by promoting only members of Scheduled Castes and Scheduled Tribes in future vacancies to maintain the quota earmarked for the said categories.
Section 3 1 of the said Act stipulated reservation at the stage of direct recruitment.
Likewise, 21 reservation provided in the 1994 Act for Other Backward Classes was altered to 14.
3 SCC 217 15 P a g e providing reservations to Scheduled Castes and Scheduled Tribes was struck down.
7 Page In the meanwhile, the Respondents in Writ Petition Civil No.117 of 2019 i.e. the State of Uttarakhand filed an application for review of the judgment dated 01.04.2019.
The companylection of quantifiable data was directed to be companypleted within four months from the date of receipt of the judgment.
It was held by the High Court that the numberifications that were issued by the Government of Uttarakhand, providing for reservations, companytinued to operate.
In light of the above, the High Court directed the State Government to companylect quantifiable data regarding the adequacy or inadequacy of representation of Scheduled Castes and Scheduled Tribes in state services which would enable the State Government to take a companysidered decision as to whether or number reservation in promotion should be provided in favour of Scheduled Castes and Scheduled Tribes.
A Division Bench of the High Court of Judicature at Allahabad in Mukund Kumar Shrivastava v. State of P.1 upheld the validity of Rule 8 A of the Uttar Pradesh Servants Government Seniority Rules, 1991 for short the Seniority Rules which dealt with companysequential seniority of persons belonging to Scheduled Castes and Scheduled Tribes.
As numbered above, the judgment of the High Court in Writ Petition No.117 of 2019 is to the effect that the proceeding dated 05.09.2012 issued by the Government of Uttarakhand by which it was decided to fill up the promotional posts or vacancies without 12 AIR 1967 SC 295 13 Indra Sawhney v. Union of India 1992 Supp.
Vinod Kumar and three others belonging to the Scheduled Castes working in the Public Works Department, Government of Uttarakhand filed a Writ Petition in the High Court of Uttarakhand seeking a direction to the Respondent therein to prepare a separate list of eligible candidates as 6 Page per Rule 5 of the Uttarakhand Promotion by Selection on posts outside the purview of Public Service Commission Eligibility Rules, 2003 and to prepare a separate list for each category of eligible candidates of General, Scheduled Castes and Scheduled Tribes for promotion to the post of Assistant Engineer Civil in Public Works Department.
Aggrieved by the order dated 15.11.2019 passed in Review Petition in W. P. S B No.117 of 2019, the Civil Appeal S.L.P. Civil No.27715 of 2019, Civil Appeal S.L.P. Civil No.28039 of 2019, Civil Appeal S.L.P. Civil No.27735 of 2019 and Civil Appeal S.L.P. Civil No.
28947 of 2019 have been filed.
A further direction to the State Government was sought to hold a departmental promotion companymittee for promotion to the posts of Assistant Engineers after providing reservation to Scheduled Castes and Scheduled Tribes in accordance with the Government Orders dated 30.08.2001, 31.08.2001 and 17.02.2004 by which reservation was provided in promotion.
Article 16 4 and 16 4 A empower the State to make reservation in matters of appointment and promotion in favour of the Scheduled Castes and Scheduled Tribes if in the opinion of the State they are number adequately represented in the services of the State.
