The divisional bench constituting Justice A.M. Khanwilkar and Justice Sanjay Yadav has quashed the provisions of Madhya Pradesh Promotion Rules, 2002 which provided for Reservation for SCs and STs in all posts at Government departments. According to these rules 20 percent of reservation was provided for SCs and 16 percent for STs in promotion.
The High Court held it be unconstitutional and drawing its conclusion from the case of M. Nagraj v. Union of India wherein the court held that quotas cannot be provided in promotion. The high court found the rules violative of the Supreme Court Judgement.
The court held all the appointments by virtue of this rules to be ultra vires and thus all the promotions will have to be re withdrawn. The M.P. Government is filing an appeal before the Supreme Court against this Judgement.
Submitted by : Mudit Maheshwari