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ORISSA HIGH COURT
JAGANNATH SAMAL – Appellant
Versus
STATE OF ODISHA – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. Heard learned counsels appearing for the parties.
2. Since the core issue in the present batch of Writ Petitions involves sustainability of the clarification issued by the Govt. in the ST and SC Development Department-Opp. Party No.3 on 06.05.2024 as well as 27.02.2025 basing on the view given by the Law Department on 27.02.2024 and consequential action taken thereof in the eye of law, all the matters were heard analogously and disposed of by the present common order. For the sake of brevity and convenience, W.P.(C) No.7674 of 2025 was treated as the leading case.
3. It is the case of the petitioners that petitioners while working as Asst. Engineers (Civil), they were found eligible for promotion to the rank of Assistant Executive Engineer (Civil) in the year 2024 in the DPC held on 04.09.2024. Petitioners were recommended to get the benefit of promotion by the DPC. However, basing on the impugned clarification issued by the Commissioner-cum-Secretary, ST and SC Development Department on 06.05.2024 and further communication issued by the Department on 27.02.2025, recommendation made by the DPC when was cancelled vide Notification dated 04.03.
Promotions for SC/ST candidates against unreserved vacancies require quantifiable data proving inadequacy of representation, and any related clarifications issued without such data are unconstitution....
Point of Law : Article 16 (4A) and 16 (4B) being enabling provisions, the State is at liberty to implement its policy of giving reservation in promotion with consequential seniority, at liberty to pr....
(1) Reservation in matter of promotion – Collection of quantifiable data for determining inadequacy of representation of SCs and STs is a basic requirement for providing reservation in promotions.(2)....
The court affirmed that Article 16(4A) applies to Jammu and Kashmir, mandating reservation in promotions for SC/ST categories, and emphasized the need for quantifiable data to justify such reservatio....
The main legal point established in the judgment is that the OM dated 21.01.2002, an executive order, had the full force of law and required compliance within a stipulated timeline by all ministries/....
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