ORDER

Per Sanjay Yadav, J.

1. Validity, rather, workability of Madhya Pradesh Public Services (Promotion) Rules, 2002 (for short 'Rules of 2002') on the anvil of the law laid down in M. Nagaraj v. Union of India (2006) 8 SCC 212, is being questioned vide present batch of writ petitions.

2. These Rules of 2002, as is evident, are brought in vogue in exercise of the powers conferred by the proviso to Article 309 read with Article 16 and 335 of the Constitution of India, relates to determination of the basis for promotion in public services and posts and also, the reservation in promotion in favour of Scheduled Castes and Scheduled Tribes.

3. Shri R.N. Singh, learned Senior Counsel, who led the arguments on behalf of the petitioners, has to submit that, though Articles 16(4A) and 16(4B) of the Constitution of India enables the State to make provisions facilitating reservation in favour of Scheduled Castes and Scheduled Tribes in promotion but the same being enabling provisions, the State is under the constitutional obligation to fulfil the stipulations contained in clauses (4A) and (4B) of Article 16 and Article 335 of the Constitution and as interpreted vide judicial pronouncement by the Constitutional Bench in M. Nagaraj (supra). And, as mandated in Uttar Pradesh Power Corporation Limited v. Rajesh Kumar (2012) 7 SCC 1 that, even in case of Rules of 2002, though brought in vogue at pre M. Nagaraj (supra) stage, fresh exercise of collecting quantifiable data justifying reservation in terms of parameters of efficiency, backwardness and inadequacy of representation in particular class or classes of posts having not taken recourse to, and the Rules of 2002 being not in consonance with the provisions of clauses (4A) and (4B) of Article 16 read with Article 335 of the Constitution has rendered itself unworkable and therefore, deserves to be declared ultra vires Constitution. This is the neat and precise submissions on behalf of the petitioners.

4. To substantiate these submissions, learned Senior Counsel has referred to Rules 2(b), (i) & (j), 5, 6(12), 6(13), 6(14), 7(15), 7(16), 8 and 9 of Rules of 2002 which defines backlog and makes provision for carry forward, wherein no definite period have been provided to carry forward the unfilled vacant posts reserved in favour of SCs/STs.

5. It is contended that the State has not carried out any empirical study to arrive at quantifiable data class-wise and post-wise to ascertain that there is inadequate representation of the members of SCs/STs in promotional posts in various departments of the State Government as would warrant justification of having fixed percentage of reservation on promotional posts as is provided under Rule 5 of Rules of 2002, i.e., 16% for SCs and 20% for STs; as a result whereof, it is urged that, the existing provisions when adjudged in juxtaposition to the constitutional mandate of Articles 16(4A), 16(4B) and 335 of the Constitution of India and the principles of law mandated by the Constitutional Bench in M. Nagaraj (supra). It is urged that the provisions for reservation in promotion being antithetical thereof, cannot be allowed to sustain.

6. Countering these submissions, it has been contended on behalf of the State, that the State being aware of their constitutional obligations mandated under Articles 16 and 335 of the Constitution, a study was undertaken to ascertain the backwardness and inadequate representation while framing the Rules of 2002. It was further contended that at the time of framing of Rules of 2002, the State was conscious of the fact that in the State of Madhya Pradesh, there existed reservation in promotion in State Government service since 1975, brought in vogue vide circular issued by General Administration Department, Government of Madhya Pradesh, bearing No.F-4-1-75-3-One Bhopal dated 2.5.1975 and dated 17.5.1975 and the shortcomings as to reservation in promotion provided in the Madhya Pradesh Civil Services (Reservation in Promotion And