IMPORTANT POINT
Provisions of the Act to the extent of doing away with the `catch up' rule and providing for consequential seniority u/s 3 and 4 to persons belonging to SCs and STs on promotion against roster points, held ultra vires Articles 14 and 16 of the Constitution.

JUDGMENT

ADARSH KUMAR GOEL, J.

These appeals involve the question of validity of the Karnataka Determination of Seniority of the Government Servants Promoted on the Basis of Reservation (To the Posts in the Civil Services of the State) Act, 2002 (the impugned Act). The Act inter alia provides for grant of consequential seniority to the Government servants belonging to Scheduled Castes and the Scheduled Tribes promoted under reservation policy. It also protects consequential seniority already accorded from 27th April, 1978 onwards.

2. The validity of the Act was challenged before this Court by way of Writ Petition (Civil) No.61 of 2002 titled M. Nagaraj and others v. Union of India and others. The issue referred to larger Bench in the writ petition along with connected matters was decided by this Court on 19th October, 2006 [(2006) 8 SCC 212]. While upholding the constitutional validity of the Constitution (seventy-seventh Amendment) Act, 1995; the Constitution (Eighty-first Amendment) Act, 2000; the Constitution (Eighty-Second Amendment) Act, 2000 and the Constitution (Eighty-fifth Amendment) Act, 2001, individual matters were remitted to the appropriate Bench[Para 124 of `M. Nagaraj' (supra)]. Thereafter, the matter was remitted back to the High Court for deciding the question of validity of the said enactment[Vide order of this Court dated 18th March, 2010].

3. The petition was re-numbered by the High Court as Writ Petition (Civil) No.14672 of 2010. The High Court by the impugned judgment has held the Act to be valid. The question framed for determination by the High Court is as follows :

"Whether the State Government has shown the compelling reasons, namely, backwardness, inadequacy of representation and overall administrative efficiency before making provision for reservation for Scheduled Castes and Scheduled Tribes in matters of promotion and as to whether the extent of reservation provided for promotion in favour of the persons belonging to Scheduled Castes and Scheduled Tribes at 15% and 3% respectively, in Karnataka is justified?

4. It will be appropriate to notice the factual matrix relevant to determine the controversy. Policy of reservation in promotion was introduced in the State of Karnataka vide Government Order dated 27th April, 1978. The reservation in promotion was provided to the SCs and STs to the extent of 15% and 3% respectively but upto and inclusive of the lowest Group-A posts in the cadres where there is no element of direct recruitment and where the direct recruitment does not exceed 66 2/3 %. A roster of 33 points was issued applicable to each cadre of posts under each appointing authority. Prior to 1st April, 1992, there was no carry forward system of the vacancies. It was introduced on 1st April, 1992. In the stream of graduate Engineers, the reservation in promotion was available upto and inclusive of third level, i.e., Executive Engineers upto 1999 and on the date of filing of the petition (in 2002), it was available upto second level, i.e. Assistant Executive Engineer. In Diploma Engineers, it was available upto third level, i.e. Assistant Executive Engineer - Division II. According to the appellants, Assistant Engineers of SC/ST category recruited in the year 1987 were promoted to the cadre of Assistant Executive Engineers while in general merit, Assistant Engineers recruited in 1976 were considered for promotion to the said cadre. The representation of the SC/ST group was as follows:      

5. Thus, according to the appellants, SC/ST candidates got promotion early and on account of consequential seniority, percentage of SC/ST candidates was much higher than the permitted percentage and all top positions were likely to be filled up by SC/ST candidates without general merit candidates g