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SUPREME COURT OF INDIA
D.Y. CHANDRACHUD, SURYA KANT, VIKRAM NATH, JJ.
Asgar Ali – Petitioner
Versus
The State of Jammu and Kashmir and Others – Respondents
Petition for Special Leave to Appeal (C) Nos. 26261-26266 of 2014
Decided On : 17-11-2021
Consequential Seniority - Reservation in Promotion - Applicability of Article 16(4-A) of the Indian Constitution to the State of Jammu and Kashmir
Fact of the Case:
The main issue was whether consequential seniority for SC/ST category candidates for reservation in promotion as provided by Article 16(4-A) of the Indian Constitution would be applicable to the State of Jammu and Kashmir in view of the provisions of Article 370. The Constitutional validity of the Constitutional orders 272 of 2019 and 273 of 2019, which applied all provisions of the Constitution to the State of Jammu and Kashmir, was pending before a Constitution Bench.
Finding of the Court:
The court decided to await the decision of the Constitution Bench in the pending proceedings before making a final decision on the applicability of Article 16(4-A) to the State of Jammu and Kashmir.
Issues: The main issue was the applicability of Article 16(4-A) of the Indian Constitution to the State of Jammu and Kashmir, considering the provisions of Article 370.
Ratio Decidendi: The court decided to await the decision of the Constitution Bench in the pending proceedings before making a final decision on the applicability of Article 16(4-A) to the State of Jammu and Kashmir.
Final Decision: The appeal was disposed of, and the court directed the Registry to notify the matters after the decision of the Constitution Bench.
ORDER :
SLP (C) Nos.26261-26266/2014, SLP (C) No. 32820/2015, SLP (C) No. 22909/2014, SLP (C) No. 8489/2016 and SLP (C) No. 34488-34489/2015
1. The principle issue in this batch of cases is whether consequential seniority for the SC/ST category candidates for reservation in promotion as provided by Article 16(4-A) of the Indian Constitution, introduced by the Constitution (85th Amendment) Act 2001, would be applicable to the then State of Jammu and Kashmir in view of the provisions of Article 370. During the pendency of the Special Leave Petitions, the President notified Constitution Order 272 of 2019 and Constitution Order 273 of 2019 which in effect applied all provisions of the Constitution (as amended from time to time) to the State of Jammu and Kashmir. The Constitutional validity of the Constitutional orders 272 of 2019 and 273 of 2019 is pending before a Constitution Bench. By its order reported in Dr. Shah Faesal and Others vs. Union of India and Another, (2020) 4 SCC 1 the Constitution Bench has declined to make a reference in regard to the validity of the Constitutional orders to a larger Bench. The validity of some of the observations of the High Court in the judgment under appeal would depend upon the assessment by the Constitution Bench on the issues involved.
2. In this view of the matter, we are of the considered view that it would be appropriate for the three-Judge Bench to await the decision of the Constitution Bench in the pending proceedings arising out of Writ Petition (C) No. 1099 of 2019 and companion matters, referred to in the order noted above.
3. The Registry is accordingly directed to notify this batch of matters after the decision of the Constitution Bench.
SLP (C) No 3786 of 2016
1. Leave granted.
2. The appeal is disposed of in terms of the signed reportable order.
2. Pending application, if any, stands disposed of.
Consequential seniority cannot be revoked arbitrarily and must comply with constitutional mandates regarding reservations in promotions.
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