Supreme Court allows Chhattisgarh to recruit under 58% quota norm | Latest News India - Hindustan Times
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Supreme Court allows Chhattisgarh to recruit under 58% quota norm

ByAbraham Thomas, New Delhi
May 03, 2023 03:13 AM IST

The Supreme Court stayed the Chhattisgarh high court’s order that declared “unconstitutional” an amendment to the 2011 law and struck it down last year.

The Supreme Court has granted a temporary concession to the Chhattisgarh government to implement the law providing 58% reservation to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) in state government jobs.

A three-judge bench headed by justice BR Gavai was hearing an urgent request by the Chhattisgarh government. (HT File Photo)
A three-judge bench headed by justice BR Gavai was hearing an urgent request by the Chhattisgarh government. (HT File Photo)

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The apex court stayed the Chhattisgarh high court’s order that declared “unconstitutional” an amendment to the 2011 law and struck it down in September last year.

A three-judge bench headed by justice BR Gavai was hearing an urgent request by the Chhattisgarh government, which submitted that owing to the high court’s stay, recruitments had come to a standstill and the state was facing with extreme shortage of manpower.

“We find that a situation cannot be permitted where the state does not have requisite manpower to run the administration,” the bench, also comprising justices Vikram Nath and Sanjay Karol, said in its order on Monday, taking note of the extraordinary situation.

The bench, however, clarified that any action by the state will be subject to the final result in the appeal filed by the state challenging the Chhattisgarh high court’s decision of September 19.

“All appointment and promotion orders shall specifically mention that such appointments and promotions are subject to the final outcome of the present proceedings,” the bench said, as it posted the appeal of the state along with accompanying petitions in July.

In September last year, the high court struck down the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Jan Jatiyon aur Anya Pichhade Vargon ke Liye Arakshan) (Sanshodhan) Adhiniyam, 2011, which provided 58% reservation — 12% for SCs, 32% for STs and 14% for OBCs — in in public services and posts and to certain educational institutions established, maintained or aided by the state government.

The high court held that no exceptional circumstance had been made out for breaching the reservation ceiling limit of 50% as held by the Supreme Court in the Indira Sawhney case in 1994.

After the top court’s order, Chhattisgarh chief minister Bhupesh Baghel tweeted: “We all welcome the decision of the Supreme Court to stay the order of the high court on 58% reservation. But our struggle against the conspiracy of BJP against the youth of Chhattisgarh will continue. If the governor signs the new bill only then the right justice will be given. We will fight and win.”

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Reacting to Baghel’s tweet, senior BJP leader and former CM Raman Singh said, “The BJP government had already implemented 58% reservation after considering it very seriously and today the Supreme Court has cleared it and opened the way for recruitment for young colleagues.”

He added: “The reality of the Congress government, which has become an obstacle in this 58% reservation, is now in front of the youths.”

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