Reservation in promotion

parth upadhyay (Querist) 21 October 2015 This query is : Resolved
77 th amendment make the provision regarding reservation in promotion .So what is the current status of reservation in promotion ?
What is opinion of sc .is it valid or not .

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Sudhir Kumar, Advocate (Expert) 22 October 2015
what do you want to know

P. Venu (Expert) 22 October 2015
Please state your specific problem, if any.

Rajendra K Goyal (Expert) 22 October 2015
No reply to academic query.

parth upadhyay (Querist) 22 October 2015
I want to know whether Reservation in promotion for SC/STs is constitutional or not ? Can central govt give reservation in promotion to SC/STs?

Guest (Expert) 22 October 2015
As a law student, you have the need to go through the Constitution of India. Spoon feeding may not help you to achive success.

parth upadhyay (Querist) 22 October 2015
Sir I have completed my law 2 years before.
I know the entire issue of reservation from Mandal commission to M Nagraj Case & 77 and 81 amendment. But after going through a decision of supreme court i am confused .
Recently Supreme Court quashed a plea of Emloyees of UP who filed a petition that was regarding reservation in promotion . SC said in its decision that it can not allow reservation in promotion if it has already declared Sec 3(7) of Rule 1994 and Sec 8 A of Rule 2007 as unconstitutional . in same case SC did not entertain the argument of UP employees that they have right under art- 16 4(a).

So i want to know if 16 (4),(4a) is available in consti why SC did so ? And what is the current status regarding Reservation in Promotion ?

Guest (Expert) 22 October 2015
Depends upon the contents of the judgment and to know why the SC disallowed promotion of SC employee of what status.

It is also not clear, which rules of 1994 and 2007 you refer.

ABDUL RAZIQUE (Expert) 23 October 2015
nothing more to add

K.S.Srinivas (Expert) 23 October 2015
As per Article 16 (4) and (4A) of the Indian Constitution, reservations in promotions is valid to SC & STs.

Anirudh (Expert) 23 October 2015
It is not clear which SC decision he is referring to. He has given neither the title of the case nor the Case no.

parth upadhyay (Querist) 23 October 2015
Thanks to every one.

Dr J C Vashista (Expert) 24 October 2015
Well advised by expert Mr. KS Srinivas, read article 16(4A)of the Constitution of India, it is unambigous.

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