Supreme Court Issues Notice On Plea Seeking SC/ST/OBC/PWD Reservation In Temporary Appointments By Central Govt

Two Office Memorandums/Executive Orders, cited in the petition, are important to be pointed out. The First is a Draft Office Memorandum of the Department of Personnel and Training, Government of India [DOPT O.M. No. 36011/6/2010-Estt(Res)] dated 25-06-2010 which provided reservation for SC/ST/OBCs in Semi-Government Bodies, Autonomous Bodies/Institutions including Municipal Corporations, Cooperative Institutions, Universities etc. under the control of the Government on the lines of the reservations in services under Government. The draft Office Memorandum further provided that the Ministries/Departments should take suitable action to provide for reservations for SC/ST/OBCs in the services of the autonomous bodies/institutions which are receiving grants-in-aid from the Government of India.

The second memorandum cited by the petitioners is again of the Department of Personnel & Training [(DOPT) (OM) 36036/3/2018-Estt.(Res.)] dated 15-05-2018 which formulates a reservation Policy in respect of appointments to Central Government posts and services applicable for SC/ST/OBC candidates in temporary appointments which are to last for 45 days or more.

The petitioners contend that the Central Government is bound to follow the above office memorandums as part of its duty to enforce the fundamental rights conferred to the constitutionally protected class of citizens under Articles 14, 15, 16 and 21 of the Constitution of India.

The Petitioners also seek the implementation of the abovementioned Office Memorandums in relation to reservation which needs to be followed in letter and spirit based on the decision of the Supreme Court in Indra Sawhney and Others Versus Union of India and Others. It states, "As per the decision of the Constitution Bench in Indra Sawhney and Others Versus Union of India and Others, (9 Judge Bench) reported as 1992 Supp. (3) SCC 217, an executive order making a provision under Article 16(4) is enforceable the moment it is made and issued."

Pointing to the violation of the said Office Memorandums, the petition submits, "Various departments and Ministries of the Government of India, have not even maintained the reservation policy as well as consequential roster system. Further, as per the RTI response received from various ministries of the Central Government; there is clear indication that the reservation policy is not being implemented in relation to the contractual/ outsourced manpower."

The petition further submits, "in reality, no reservation policy/ scheme is actually implemented under the scheme of the various Office Memorandums issued by the Central Government as contemplated."

The petition goes on to point out that, "only 15.65% teachers from constitutionally protected class i.e. Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs) and PWD category in Private Universities that are receiving grants-in- aid from the Government of India. That with respect to the Deemed Universities, only 22.34% teachers are from SC/ST/OBC and PWD in 42 out of 47 Deemed Universities that are receiving grants-in-aid from the Government of India…That as on 04.03.2022, there are 24 Private Universities that are receiving grants-in-aid from the Central Government under Section 12B of the UGC Act, 1956. And after looking the number of teaching staffs category wise in these 24 universities having 11467 teaching staffs, 318 (2.77%) are from SC category, 147 (1.28%) are from ST category, 1314 (11.45%) are from Other Backward Class and only 16 (0.1%) are from PWD category. Meaning thereby is that only 15.65% teachers are from SC/ST/OBC/PWD in private universities that are receiving grants-in-aid from the Government of India."

Pointing to the inherent disparity in the employment generated in the public sector for SC/ST/OBC candidates, the petition states that, "...as per the latest data provided by Industry Associations i.e., ASSOCHAM, CII and FICCI, only 1,27,973 persons from SCs/STs community were actually given employment in Private Sector…That it is pertinent to mention here that in present day scenario, nearly 55% job opportunities are available in Private Sector as per the Government of India. The various SCs/STs representative organizations have been demanding reservation in the Private Sector but their demand has not been considered seriously. And further, they are not being given the benefit of reservation even in Government Ministries, Departments or Organizations. That the Government of India is on the path towards disinvestment and privatization as a consequence of which, reservation policy is being seriously affected causing prejudice to SC/ST/OBC/PWD. While the Petitioners believe that if privatization is in the national interest then it should happen but at the same time the policy of reservation as enshrined in the constitutional scheme as a facet of Social Justice must not be compromised. So, the reservation policy must be retained at the time of privatization."

The Petitioners press for a Writ of Mandamus to have "proper representation by way of proper implementation of reservation in the public employment under the ̳State and its instrumentalities' in present economic and social scenario for the constitutionally protected class i.e. SC/ST/OBC/PWD - a constitutionally protected class in the growth, development and jobs/ services of the nation which remains a constitutional objective as outlined in the Preamble of the Constitution read with Articles 14, 16, 21, 46, and Executive Orders as issued by the Central Government from time to time as highlighted in the present Writ Petition."

The focal point of the petitioners is that the two Office Memorandums envisage to achieve a certain goal as far as the principles of social justice is concerned in favour of the constitutionally protected class of citizens. It contends that based on the judgments of the Supreme Court, their violation is arbitrary, illegal and unconstitutional.

Three out of four petitioners are law students from Jamia Millia Islamia University, New Delhi and the fourth petitioner is an engineer. The PIl has been filed through advocate Ayush Negi.

Case Title: Md. Imran Ahmad & Ors. vs. Union of India & Ors. W.P. (C) No. 1100/2022