JUDGMENT

B.P. Jeevan Reddy, J.-Leave granted. Heard the counsel for the parties.

2. In Indra Sawhney etc. v. Union of India & Ors. etc.1, this Court had, while declaring that Article 16(4) does not contemplate or permit reservation in the matter of promotions, declared that for the several reasons stated therein, the reservations already made shall continue for a period of five years from the date of the said judgment. In Para 829 (at Page 747) of the majority judgment, it was directed that "our decision on this question shall operate only prospectively and shall not affect promotions already made, whether on temporary, officiating or regular/permanent basis. It is further directed that wherever reservations are already provided in the matter of promotion - be it Central Services or State Services, or for that matter services under any corporation, authority or body falling under the definition of State in Article 12 - such reservations shall continue in operation for a period of five years from this day". Then, in the next para, Para 831, the majority judgment made the following observations :

"We must also make it clear that it would not be impermissible for the State to extend co