Patna High Court yesterday quashed Bihar Government’s Policy of providing promotions to employees belonging to Scheduled Caste and Scheduled Tribes, solely on the basis of their caste.
The Court was hearing a writ petition filed by Sushil Kumar Singh and two others, who had challenged Bihar Government’s 2014 order for providing priority to SC/ST employees in promotions.
Justice V Nath quashed the order of Bihar Government terming it unfair and unjustified. The Government’s Promotion Policy was not in conformation with a 2006 Supreme Court judgment in M. Nagaraj case, in which the apex court had clearly defined the condition for providing reservation in promotion in government jobs on caste lines.
The judgement said that the government has failed to prove backwardness, under-representation, and a loss in efficiency, as mandated under 2006 order of Supreme Court.
The government order came into effect from December 21, 2014 and was subsequently challenged in Court. It is likely that Nitish Kumar led Government would appeal for a review of the judgement.