Bombay High Court quashes and sets aside government resolution on quotas in promotions

Bombay High Court

The Bombay High Court on Friday quashed and set aside a government resolution of 2004 which provided for reservations in promotions for people from Scheduled Castes, Scheduled Tribes, Denotified Tribes, some Nomadic Tribes, and Special Backward Classes. A division bench of Justices Anoop Mohta and Amjad Sayed on Friday held that the resolution was “ultra vires” (beyond the scope) of the Constitution of India and contrary to the existing laws.

The bench directed the government to take necessary corrective steps with regard to promotions already granted since the resolution was issued. The court, however, suspended its order for 12 weeks at the government’s request to enable it to challenge the order in the Supreme Court.

The court held that the resolution was “ultra vires Article 16(4A) of the Constitution.”

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Article 16(4) says that nothing in Article 16 shall prevent the state from making any provision for the ‘reservation of appointments or posts in favour of any backward class of citizens’ which, in the opinion of the state, is not adequately represented in the services under the state.

The bench was hearing a petition filed by one Vijay Ghogre challenging the legality of having reservations in promotions.