TIWN Oct 11, 2017
AGARTALA, Oct 11 (TIWN): The SC / ST promotion case's final hearing is still on wait and the final hearing is yet on hold, said Law Secretary Datamohon Jamatia.
Talking to TIWN on phone from New Delhi, Datamohon said that the hearing may be postponed till tomorrow.
In 2016, March 18 Supreme Court had ruled that scheduled caste (SC) and scheduled tribe (ST) members can not claim quota as a right in government job promotions.
Tripura Govt appealed in Supreme Court challenging HC's order.
Tripura High Court on November 2014 led by Chief Justice Dipak Gupta declared that the claims against Tripura govt. had brought were valid enough. In the judgment it was written that “The petitioners who belong to the general category claim that they have been deprived of the right to equality as the State has granted promotions to the reserved category candidates in total violation of the law laid down by the Apex Court in M. Nagaraj and others vs. Union of India and others”. “The Act and rules framed by the State are unconstitutional and illegal as they violate the law laid down by the WP(C) 189 of 2011; WP(C) 109 of 2011; WP(C) 124 of 2012. Page 7 of 78 7 Apex Court. It is also submitted that the State without collecting or considering the relevant and requisite quantifiable data, cadre-wise as required by law has granted reservation in promotion to the reserved categories”.
Thus HC on its hearing also said that state govt had followed none of the codes and conducts of the promotion act had been maintained by govt. while promoting the officers. But challenging the HC although Tripura Govt had attempted to save the promoted SC / STs, but it can bring mass demotion to them and also massive embarrassments.
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