Bhopal: SAPAKS -Samanya Pichda Alpsankhyak Adhikari Karmchari Sanstha – society formed by Madhya Pradesh Government emplpyees and officers belonging to the general category, other backward communities and minorities to oppose reservation in promotion which is playing havoc and blocking the career growth prospects of about 65 per cent of the government’s workforce and crippling the administrative efficiency across all departments today issued a statement which comes as a forewarning against maneuveres by political parties to institutionalise reservation in promotion by negating the Supreme Court order in the M. Nagaraj case through yet another Constitutional amendment.
Yesterday it was for the tenth time that we came face-to-face with the Madhya Pradesh Government in the reservation in promotion case in Supreme Court.
So far the only strategy of the lawyers representing the Government and Ajjaks in this case is to somehow prolong the hearing. Despite all efforts by them to stall the proceedings, the hearing finally began yesterday.
The government is aware of the final outcome of this case and every body also knows what are the compulsions and why the government is buckling down to serve the interests of a partcular section, i.e. the SCs and STs.
All know that it is Ajjaks that is actualy fighting this case in the Supreme Court. The government is only acting as a shield and the chief minister has gone out of his way to bless Ajjaks. At the outset, as the hearing commenced yesterday, lawyes of the plaintiff (State government) used the ultimate weapon and asked for a larger bench to hear this case. They also said that the decision of the Constitution Bench in the M. Nagaraj case is wrong.
The Supreme Court decision in the M. Nagaraj case is an important milestone. On its basis, the Reservation in promotion rules have been declared null and void in many states. The latest example in this regard is the Supreme decision against the Karnataka Government. The decision in the M. Nagaraj case came in 2006. It is strange and rather surprising that the Madhya Pradesh Government did not find anything wrong in this judgement for 11 years. Neither did the government place any arugment in the Jabalpur High Court against the Supreme Court judgement in the Nagaraj case. On the contrary the State Government kept telling the High Court that the 2002 Rules that provide for reservation in promotion were fulfilling all the conditions specified under the Nagaraj case. In fact when objections were raised by officers who had earlier gone to the High Court to challenge the reservation in promotion rule of 2002, the Government in a written reply, had stated that the rules fullfil the conditions specified in the Nagaraj case. Now the big question is if there is any lacuna in the Nagaraj case, why the government had remained silent for 11 years.
So far the State Government has been represented by more than 10 acclaimed and senior lawyers in this case in Supreme Court. The irony is that instead of seeking a logical conclusion on the basis of facts, and arguments driven by reasoning, logic and the constitutional position, they have only tried each time todelay the case and in the process, hefty fees is being paid to the lawyers from the public exchequer and that too for a wrong cause. It is a tragedy that political big-wigs, cutting across party lines have rallied forces against the interests of the majority of government employees, who are suffering due to reservation in promotion. Senior lawyers and Congress MPs Kapil Sibbal and Vivek Tankha have been engaged by the government in this case.
The Supreme Court has defined the rights guaranteed under the Constitution on a number of occasions but each time the judicial pronouncements have been negated by amending the Constitution. Effort is still on in the same direction. If this is not opposed, the majority of the people from the unreserved category should be ready to treat themselves as second rate citizens in this country.