SC lifts ban on recruitment in Chhattisgarh under 58% reservation
In a major relief to the Chhattisgarh government, the Supreme Court on Monday lifted the ban on recruitment, promotions, and admissions under its 58% reservation policy. The decision came following the government's plea challenging the Chhattisgarh High Court's order quashing its policy of giving up to 58% reservation in promotions and appointments to Schedule Castes (SCs), Schedule Tribes (STs), and Other Backward Classes (OBCs).
Why does this story matter?
In 2012, the Chhattisgarh government, through the enactment of an act, granted up to 58% reservation to STs, SCs, and OBCs in public services. However, following several petitions, the act was struck down by the Chhattisgarh High Court on September 19, 2022. The court ruled that the policy was inconsistent with the 50% ceiling set by the Supreme Court in the Indra Sawhney case.
Supreme Court issued notices, matter listed for July
An SC bench of justices BR Gavai, Vikram Nath, and Sanjay Karol allowed the Chhattisgarh government to go ahead with the current admissions and recruitment. The counsel representing the state government argued that the 2022 verdict of the high court—setting aside the reservation policy—had halted appointments. Subsequently, the court issued a notice on the plea and decided to hear the matter in July.
Reservation conditional on outcome of current SLP
The SC granted interim relief after hearing the state government's arguments, allowing it to begin recruiting and promotion processes based on the 58% reservation policy. However, the court stated that such a reservation is contingent on the outcome of the current Special Leave Petition (SLP).
Know about reservation act
In 2012, the Chhattisgarh government granted 32% reservations to STs, 12% to SCs, and 14% to OBCs in public services under the Chhattisgarh Public Service (Scheduled Caste, Scheduled Tribes, and Other Backward Classes Reservation) Amendment Act. However, the HC struck it down and termed it "unconstitutional" following several petitions. The order halted the recruitment and promotion process in various institutions and departments.
Chhattisgarh CM Bhupesh Baghel welcomes SC decision
Meanwhile, Chhattisgarh Chief Minister Bhupesh Baghel welcomed the Supreme Court's decision on the 58% reservation. However, he said that the struggle against the alleged conspiracy of the Bharatiya Janata Party (BJP) against the youth of Chhattisgarh will continue. "Justice will be served only when the governor grants his assent to the new 76% reservation bills," he said.