N.S.DHANIK, RAMESH RANGANATHAN
Gyan Chand – Appellant
Versus
State of Uttarakhand – Respondent
RAMESH RANGANATHAN, J.
1. Heard Sri M.S. Tyagi, learned counsel for the petitioner and Sri Paresh Tripathi, learned Chief Standing Counsel for the State of Uttarakhand and, with their consent, this writ petition is being disposed of at the stage of admission.
2. Reservation in promotion in favour of the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes was extended by the U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (for short ‘the 1994 Act’), which was enacted by the then U.P. State Legislature on 22.03.1994. Section 3(7) of the 1994 Act stipulated that if, on the date of commencement of the Act, reservation was in force under Government Orders, for appointment to posts to be filled up by promotion, such Government Orders shall continue to be applicable till they are modified or revoked. The constitutional validity of Section 3(7) of the 1994 Act was subjected to challenge before the Allahabad High Court and, in the light of two conflicting judgments, the said controversy was resolved by the Supreme Court in U.P. Power Corporation vs. Rajesh Kumar (judgment in Civil Appeal No. 2608 of 201
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