Mumbai, Aug 25 (Mumbai Mirror): Maharashtra government has decided to challenge a recent Bombay High Court verdict, which squashed a 2004 government notification that allows reservation for promotion of scheduled castes, tribes and other backward castes in the Supreme Court.
Speaking to reporters, minister of state for social justice Dilip Kamble said, “The state government has decided to challenge the verdict as it goes against the philosophy of social empowerment. We have also decided that a top notch lawyer will represent the state.” Nearly 15,000 state government employees are affected by the high court’s decision which came on August 5.
A division bench of Justices Anoop Mohta and Amjad Sayed yesterday held that the resolution was “ultra vires (beyond the scope of the Constitution of India) Article 16(4A) of the Constitution.” Article 16(4) says that nothing in Article 16 shall prevent the state from making any provision for the ‘reservation of appointments or posts in favour of any backward class of citizens’ which, in the opinion of the state, is not adequately represented in the services under the state.
The bench directed the government to take necessary corrective steps with regard to promotions already granted since the resolution was issued. The decision was given in petition filed by one Vijay Ghogre.