New Delhi: The Supreme Court hearing the appeal by the Madhya Pradesh Government against the Jabalpur High Court order which declared as ultra vires and bad in law the existing provision relating to reservation, backlog, vacancies, carry forward of backlog vacancies and the operation of roster in favour of those belonging to the SC/ST categories under the Madhya Pradesh Rules of 2002 today rejected the State Government’s request for three week’s time to file a rejoinder and listed the case for next hreaing on November 23.
If the hearing remains inconclusive on 23 November, the case will come up for further hearing on 24 November.
The State Government’s strategy to delay the matter by seeking 3-week’s time to file a rejoinder notwithstanding, the urgency was underscored on behalf of the respondents with the pointer that promotions were held up across government departments in Madhya Pradesh.
The Madhya Pradesh Rules of 2002, were brought in vogue during the then Congress regime headed by Digvijay Singh in exercise of the powers conferred by the proviso to Article 309 read with Article 16 and 335 of the Constitution of India, relates to determination of the basis for promotion in public services and posts and also, the reservation in promotion in favour of Scheduled Castes and Scheduled Tribes.
The present State BJP Government led by Shivraj Singh Chouhan has been bent upon perpetuating the Madhya Pradesh Rules of 2002 ignoring the sentiments of the vast majority of State Government employees who see these rules as a violation of their fundamental rights. The chief Minister has even gone to the extent of publicly declaring “while I am there, there is no power on earth or any ‘Mai ka lal’ ( mother’s son) who can end reservation in promotion”.
On behalf of the petitioner, the State Government, the case was represented in the Supreme Court today by advocate Saurabh Mishra. The advocates present on behalf of the respondents were senior lawyer Rajeev Dhavan, Kumar Parimal, Balbir Singh, S Guru and Ms. Lalit Kaushik.