The Supreme Court on Monday granted interim relief to the Chhattisgarh government on its plea contesting the state high court ruling that had quashed the state’s policy of providing up to 58% reservation in promotions and appointments to SCs, STs, and OBCs.
In September of last year, the Chhattisgarh government’s policy was struck down by the state high court.
The Supreme Court has issued a notice on the state government’s petition and will now hear the case in July.
With today’s relief, Chhattisgarh can “go ahead with ongoing recruitment” with 58% reservation for the time being.
The Supreme Court let the state to continue with the present admission and recruitment procedure after state lawyers argued that the high court’s 2022 decision, which overturned the reservation policy, had “interfered with” the ongoing process and disrupted appointments.
A Supreme Court bench comprising Justices BR Gavai, Vikram Nath and Sanjay Karol was hearing the petition for interim relief filed by the State of Chhattisgarh, challenging the judgement of Chhattisgarh High Court striking down the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Janjatiyon aur Anya Pichada Vargon ke liye (Sanshodhan Andhiniyam) 2011.
Senior Advocates Abhishek Manu Singhvi and Sumeer Sodhi represented the state government.
In 2012, the Chattisgarh government granted 32% quota in public services to Scheduled Tribes (ST), 12% to Scheduled Castes (SC), and 14% to Other Backward Classes (OBC) through an enactment. The state’s total reservations increased to 58% once the quotas were hiked.
The Act, however, was ruled down by the Chhattisgarh High Court on September 19, 2022, following many petitions, on the grounds that the policy was contradictory with the 50% ceiling limit set by the Supreme Court in the Indra Sawhney judgement.
Following a hearing of the state’s arguments, the Supreme Court granted interim relief, allowing the state to resume recruitment and promotion processes based on the 58% reservation. However, the court has underlined that such a reservation is subject to the outcome of the pending Special Leave Petition.
The case is now set to be heard in July.
