Reservation in Promotion: Supreme Court’s Verdict on Karnataka’s Seniority Law

The Supreme Court of India, in its judgment dated February 9, 2017, ruled on the validity of the Karnataka Determination of Seniority of the Government Servants Promoted on the Basis of Reservation (To the Posts in the Civil Services of the State) Act, 2002. The case B.K. Pavitra & Ors. vs. Union of India & Ors. addressed the issue of consequential seniority for Scheduled Castes (SCs) and Scheduled Tribes (STs) in government promotions.

The Supreme Court declared that Sections 3 and 4 of the Act, which granted consequential seniority to SC/ST government employees promoted through reservation, were unconstitutional. This ruling emphasized that states must provide quantifiable data on backwardness, inadequate representation, and administrative efficiency before granting such reservations.

Background of the Case

The Karnataka government introduced reservation in promotions for SCs and STs through an order dated April 27, 1978. The state enacted the 2002 Act to provide consequential seniority to employees promoted under this system.

General category employees challenged the Act, arguing that it gave SC/ST employees an unfair advantage by allowing them to gain seniority over senior general category employees who were promoted later.

Petitioners’ Arguments

The petitioners, general category government employees, argued:

• The law violated the principles of equality under Articles 14 and 16 of the Constitution.
• It allowed SC/ST employees to supersede senior general category employees, blocking their career progression.
• The Karnataka government failed to conduct any study on backwardness, inadequate representation, or the impact on administrative efficiency, as required by the Supreme Court’s ruling in M. Nagaraj & Ors. vs. Union of India (2006).

Respondents’ Arguments

The Karnataka government and SC/ST employees defended the Act, arguing:

• The state had sufficient data to justify reservation in promotion.
• SC/ST representation in higher posts was still below their proportion in the population.
• Giving consequential seniority to SC/ST employees was necessary to address historical discrimination.

Supreme Court’s Ruling

The Supreme Court ruled that the Karnataka government had failed to provide quantifiable data on backwardness, inadequate representation, and impact on administrative efficiency. The Court struck down Sections 3 and 4 of the Act, declaring them unconstitutional.

The Court held:

“The State cannot grant consequential seniority to SC/ST employees in promotions without conducting a study on backwardness, inadequate representation, and the impact on administrative efficiency.”

The judgment also emphasized that seniority must be determined based on merit and experience, not just reservation.

Impact of the Judgment

The ruling had several implications:

• States must collect and analyze data before implementing reservation in promotions.
• General category employees affected by the unconstitutional law could regain their seniority.
• SC/ST employees who received consequential seniority based on the 2002 Act could have their promotions reconsidered.

Conclusion

The Supreme Court’s ruling in B.K. Pavitra & Ors. vs. Union of India & Ors. reaffirmed that reservation in promotions must be backed by quantifiable data. This judgment ensures that reservation policies balance the rights of SC/ST employees with the principles of merit and administrative efficiency.

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Download Judgment: B.K. Pavitra & Ors. vs Union of India & Ors Supreme Court of India Judgment Dated 09-02-2017.pdf