Haryana High Court Halts SC Employees' Promotion Reservations: Legal Scrutiny Ensues

The Punjab and Haryana High Court dealt a significant blow to the Haryana government by putting a stay on its decision to provide reservation in promotions to Scheduled Caste (SC) employees. Acting Chief Justice Ritu Bahri and Justice Aman Chaudhary fixed the next hearing for February 7, barring any further promotions during this period.

Accepting the State Council's plea, the High Court extended assistance to the government, allowing the intervention of advocate Kamaljeet Singh and others who filed appeals in the matter.

The Haryana government's decision, as per the earlier orders effective from October 7, 2023, faced scrutiny in the court. The Human Resource Department had directed Haryana to provide reservations in promotions for SC employees under challenging directives, as indicated by the court in response to writ petitions.

The Single Bench clarified in its order that as per the directives challenging the October 7, 2023 orders, decisions related to reservations in promotions would be subject to review in writ petitions. The government department had given instructions for reservations in promotions for SC employees in the promotion quota of up to 20% for Group A and B posts in all categories.

The petitioners, including Kamaljeet Singh and others, challenged the directives on four grounds. One of the arguments included an alleged inadequacy in the representation of Scheduled Castes, stating that the government prepared the opinion for reservations before evaluating this aspect.

It was emphasized that reservations should have been provided separately for each category of posts, and the power to provide reservations lay with the state government, not the departmental promotion committee. Additionally, excluding the creamy layer was deemed necessary, and compliance with Article 335 criteria was considered essential.