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DEEPAK GUPTA, U.B.SAHA, S.C.DAS
Jayanta Chakraborty – Appellant
Versus
State of Tripura – Respondent
Deepak Gupta, J.
This full Bench has been constituted to answer certain questions which we shall refer to hereinafter. The petitioners who belong to the general category claim that they have been deprived of the right to equality as the State has granted promotions to the reserved category candidates in total violation of the law laid down by the Apex Court in M. Nagaraj and others vs. Union of India and others, [(2006) 8 SCC 212].
2. The case of the petitioners is that promotions have been granted by the State to the persons belonging to the Scheduled Caste (SC) and Scheduled Tribe (ST) categories without taking into consideration the existence of the three essential compelling circumstances namely (i) backwardness of the class; (ii) inadequacy of representation in service; and (iii) overall administrative efficiency before making provisions for reservation. It is urged that the Act and rules framed by the State are unconstitutional and illegal as they violate the law laid down by the Apex Court. It is also submitted that the State without collecting or considering the
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