Bombay HC refuses to stay Maharashtra govt order scrapping quota in promotions

Bombay High Court. File Pic

The Bombay High Court on Tuesday refused to give a temporary stay to the Maharashtra government's decision to scrap 33 per cent reservation in promotions of government employees.

On May 7, the General Administration Department issued an interim government resolution (GR) or order removing the reservation in promotions for public servants belonging to the Scheduled Castes, Scheduled Tribes, Vimukta Jati and Nomadic Tribes and Special Backward Classes categories.

The decision came in the wake of the Supreme Court judgment holding quota for the Maratha community in Maharashtra invalid.

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Following strong protests, the state government on May 10 issued a circular staying the interim GR of May 7. A final decision on the issue of quota in promotions is yet to be taken by the government.

Hearing a bunch of petitions on the issue, a vacation bench of Justices R D Dhanuka and M J Jamdar refused to stay the GR as demanded by some petitioners' lawyers, but said promotions would be subject to the court's order.

"We make it clear that any promotion made by the state government, pursuant to the interim G.R. dated 7th May, 2021 and Circular dated 10th May, 2021 shall be subject to the further orders...by this Court," it said.

The bench adjourned the matter for further hearing to June 21 while asking the state government to file its reply affidavit within two weeks.

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