PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JAGMOHAN BANSAL
Kamaljeet Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Jagmohan Bansal, J.
By this common order, the above-noted petitions are hereby adjudicated as issues involved and prayers sought in all the petitions are common. For the sake of convenience and with the consent of parties, the facts are borrowed from CWP No.24608 of 2023.
2. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of instruction dated 07.10.2023 (Annexure P-2).
By aforesaid instructions, the State Government has made provision for reservation in Group 'A' & 'B' posts for Scheduled Castes. For the ready reference, the impugned instructions are reproduced hereinbelow:
'No. 22/56/2023-5 HR-III
HARYANA GOVERNMENT
HUMAN RESOURCES DEPARTMENT
(HUMAN RESOURCES-III BRANCH)
Dated Chandigarh, the 7th October, 2023
To
1. All the Administrative Secretaries to Government Haryana
2. All Heads of Departments in the State of Haryana.
3. All the Managing Directors of Boards/Corporations in the State of Haryana.
4. All the Divisional Commissioners in the State of Haryana.
5. All the District & Session Judges in the State of Haryana.
6. All the Deputy Commissioners in the State of Haryana.
7. The Registrars of all the Universitie



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....
(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)....
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....
Sub-classification within Scheduled Castes for affirmative action is constitutionally permissible if it meets the intelligible differentia test and doesn't exclude any caste from benefits, overruling....
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....
(1) When Constitution Bench in Indra Sawhney held that 50% is upper limit of reservation under Article 16(4), it is law which is binding under Article 141 and to be implemented. When law is laid down....
Candidates must submit all required certificates at the time of counseling to claim reservation benefits.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.