New Delhi: The appeal by the Madhya Pradesh Government against the Jabalpur High Court judgement on the issue of reservation in promotions (in government service) for the SC/ST category will come up for hearing in the Supreme Court Tomorrow (24 January, 2017).
The Madhya Pradesh High Court at Jabalpur had declared as ultra vires and non-est in law the provision relating to reservation, backlog, vacancies, carry forward of backlog vacancies and the operation of roster for the SCs and STs as contained in the Madhya Pradesh Rules of 2002.
Madhya Pradesh Government’s Special Leave Petition (civil appeal (13954/2016) and other appeals against the impugned final judgment and order passed by the High Court of on 30 April 2016 in response to WP No. 1942/2011 was mentioned in Supreme Court on 10 May, 2016.
Representing the petitioner (State of Madhya Pradesh) was Mukul Rohatgi, the Attorney General of India, during the mentioning of this petition before the Supreme Cour Bench presided over by the Chief Justice. Upon being mentioned the Court had ordered that the petition be posted on 12 May before an appropriate bench.
In a related development, after the Madhya Pradesh State Government had gone in appeal to the Supreme Court against the High Court order, State Chief Minister Shivraj Singh Chouhan had attended a function organised by the SC/ST employees association (AJJAKS) and proclaimed loudly that there is no “true son of a mother” who can stop reservation. He had also announced on this occasion that those from AJJAKs can pick the best lawyers to fight the case in Supreme Court and the State Government will pay their fees. After that the State Government has paid hundreds of thousand rupees as fees to a few top lawyers while the respondents in this case, i.e. the officers belonging to the unreserved category, are finding it hard to bear the court expenses.
On 16 September, 2016, an interim application was called on for hearing by the bench comprising of Mr Justice N.V. Ramana [IN CHAMBERS]. Upon hearing the counsel the Court ordered that the counsel for the applicant in the application for
Intervention (I.A. No. 3/2016) is directed to serve copy on the appearing parties and file proof thereof within a period of two weeks. The counsel appearing for the respondents were allowed to file the counter affidavit to the application within the same period amd the matter was listed after two weeks.
On 26 September 2016, the appeal was mentioned before the Supreme Court bench comprising Mr Justice J. Chelameswar and Mr Justice Abhay Manohar Sapre. Upon hearing the counsel, the Court made the following order: “List the appeal for hearing on 08.11.2016 on the top of the Board subject to part heard matter.”
Meanwhile on 3 October, the matter relating to interim applications 3/2016 and 4/2016 were called on for hearing before Mr. Justice L Nageswara Rao [IN CHAMBERS]. Upon hearing the counsel the Court ordered the counsel appearing for respondent No.2 that he submits counter affidavit in I.A. No.3 of 2016 on the parties. He was permitted to file the Counter Affidavit during the course of
the day. I.A.3 along with I.A. No.4 was ordered to be listed after four weeks.
On 8 November, this appeal was called on for hearing before the bench comprising Mr Justice J Chelameswar and Mr. Justice Prafulla C. Pant. On hearing the counsel the Court gave the last opportunity to the counsel for the petitioners to file rejoinder affidavit and the matter was listed for November 23 on top of the Board – subject to overnight part heard.
On 7 December 2016, S.L.P.(C) No. 22373-22376/2016 (With applications for delay in filing SLP and Office Report), C.A. No. 11817/2016 (With Office Report), C.A. No. 11820/2016 (With Office Report), C.A. No. 11822-11825/2016 (With Office Report) C.A. No. 11828/2016 (With Office Report), C.A. No. 11829-11832/2016 (With Office Report), C.A. No. 11837-11840/2016 (With Office Report), C.A. No. 11842-11845/2016 (With Office Report), C.A. No. 11847-11850/2016 (With Office Report), and C.A. No. 11816/2016 (With Office Report) were called for hearing before the Supreme Court bench comprising Mr. Justice J Chelameswar and Mr Justice Prafulla C. Pant. On this day, the Court ordered the listing of the matters on 14 December, 2016 on the top of the Board -subject to overnight part heard matter.
On 15 December 2016, Civil appeals No. 11817/2016, 11820/2016, S.L.P.(C) No. 22373-22376/2016 (With applications for c/delay in filing SLP and Office Report), civil appeals no 11822-11825/2016, 11828/2016, 11829-11832/2016, 11837-11840/2016, 11842-11845/2016, 11847-11850/2016, and 11816/2016 (With applications for impleadment and Office Report) were called on for hearing by the bench comprising Mr. Justice J Chelameswar and Mr. Justice Prafulla C. Pant. Upon hearing the counsel, the Court condoned the delay and granted leave for SLP (C)_ 2016 nos 22372-22376. The court also tagged these with civil appeal no 5237/2016. Also the court allowed the applications for impleadment (I.A.No.6/2016 in C.A.No.11816 of 2016) and ordered that all the appeals be listed on 24 January, 2017 on the top of the Board – subject to overnight part heard.