Rules of Promotion – Implementation of Hon’ble Supreme Court Decision
Rules of Promotion – Implementation of Hon’ble Supreme Court Decision – Whether concession as per O.M. No. 1/9/69-Estt (SCT) dated 26.3.1970 tantamounts to reservation
Apex Court has held that there is no reservation in favour of Scheduled Castes(SCs) / Scheduled Tribes (STs) but they are entitled to the concession contained in para 2 of the OM dated 26.3.1970 issued by the Ministry of Home Affairs. The conession referred to by Hon’ble Supreme Court is that those SC/ST officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is being drawn up will be included in the select list provided they are not considered unfit for promotion.
The Full tex of Rajya Sabha Query and Answer to the same by Shri.Narayanasamy, Minister of State for Ministry of Personnel and Public Grievances and Pensions is given below.
Implementation of SC decision for amending Rules of Promotion
2689 . SHRI LALHMING LIANA
(a) whether, clarification of, “not adjudged unfit for promotion” to be, as ‘‘nothing adverse against the candidate’’ is given in Supreme Court Citation 1995 AIR 1457, 1995 SCC(3) 532JT, 1995 (3) 336, 1995SCALE(2) 282, in relation to Department of personnel and Training”s (DoPT) statutory OM. NO. 1/9/69-Estt (SCT) dated 26th March 1970;