Delhi High Court Current Affairs

Reservations in Promotions: Centre gets go ahead from SC

The Supreme Court has allowed Centre to go ahead with reservation in promotion for SC/ST employees as per the law. From the centre’s behalf, the Additional Solicitor General Maninder Singh had pleased SC to allow promotions, which were on standstill, as per mandate of the constitution. This plea was accepted by SC bench hearing the case.

Background

With respect to the reservation in promotions in government jobs, the Supreme Court verdict in M Nagaraj Case (2006) that concept of creamy layer is not applicable to scheduled castes and scheduled tribes. Two earlier cases viz. Indra Sawhney Case (1992) and E V Chinnaiah versus State of Andhra Pradesh (2005) had dealt with the issue of creamy layer for Other Backward Classes. On this basis, the centre had issued an order in 2017 extending reservation in promotions to SC and ST employees beyond five years from November 16,1992. This government order was challenged in Delhi High Court. The Delhi High Court quashed the Central Government order and thus, the promotions came to at standstill.

Central Government later approached Supreme Court for relief and the current SC order provides that much needed relief to Centre.

What next?

The case is still sub judice in Supreme Court. A constitutional bench will examine the issue as to whether the M Nagaraj judgement, which dealt with the issue of application of the ‘creamy layer’ for reservation to SC and ST categories in promotion in government jobs, should be re-examined or not.

Reservation in Promotions

Reservations in promotions are mandated by Article 16 (4A) of the constitution. This article is an enabling provision and enables the state to provide for reservation in matters of promotion to SC/ST which in its opinion were not adequately represented in the services.

Tags:

Justice Gita Mittal appointed as acting Chief justice of Delhi High Court

Justice Gita Mittal, the senior-most judge of Delhi High Court, has been appointed as the acting Chief justice of Delhi High Court with effect from April 14. Her appointment comes at the backdrop of the retirement of current Chief justice Gorla Rohini.

President of India has appointed Justice Mittal as the Chief Justice by exercising his powers conferred by article 223 of the Constitution of India. 

Article 223 of the Indian Constitution provides for the appointment of acting Chief Justice by the President of India whenever the office of the Chief Justice of a High Court falls vacant due to any reason such as absence or otherwise.

About Justice Gita Mittal

In 2004, Justice Mittal was appointed as Additional Judge of Delhi High Court and was made permanent in 2006. Justice Mittal is one of the members of the Governing Council of the National Law University and Indian Law Institute. She has also been nominated to the Administrative Committee of the Indian Law Institute.

Justice Mittal is currently chairing the Delhi High Court committees on Mediation and Conciliation Centre and also over the committee monitoring the implementation of Judicial Guidelines for Dealing with cases of Sexual Offences and Child Witnesses. Justice Mittal spearheaded the inauguration of Vulnerable Witness Court Project in trial courts in Delhi. First such court room in the country was inaugurated in September 2012 and the second on September 2013.

Her important judicial pronouncements include pronouncements on compensation for riot victims, right to shelter of internally displaced persons, right to marriage of a female member of the Armed Force, principles governing DNA testing in paternity issues in the absence of statutory provisions, right to workers in labour force etc.

Tags:

Advertisement

12345