LI Network
Published on: October 7, 2023 at 14:04 IST
The Central Government has communicated to the Supreme Court that reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) will be implemented in temporary appointments lasting 45 days or more.
This assurance comes in response to a writ petition seeking SC/ST/OBC reservation in temporary job positions. The Central Government has issued instructions to all Ministries and Departments to rigorously enforce this reservation in temporary posts.
The Government’s response refers to Office Memorandum no. 41034/4/2022-Estt. (RES-I) dated 21.11.2022, issued by the Department of Personnel and Training, Ministry of Personnel, Public Grievances & Pensions, Government of India.
The memorandum reiterates the requirement for reservation of SC/ST/OBC candidates in temporary appointments lasting 45 days or more within the Central Government.
This memorandum builds upon previous Office Memorandums issued in 1968 and 2018. It emphasizes the need for adherence to these reservation provisions in temporary job appointments and cites a report from the Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes. The report noted that instructions regarding reservations in temporary positions were not consistently followed by all departments.
In light of this, the Ministry has directed all Ministries and Departments to ensure strict compliance with the reservation requirements for SC/ST/OBC candidates in temporary appointments lasting 45 days or more.
The Court, after considering this memorandum, has disposed of the writ petition. However, the Court clarified that if there is any violation of this Office Memorandum, the petitioners or any aggrieved party can seek appropriate legal remedies.
Furthermore, the bench recorded the statement of the counsel representing the Union Government, confirming the existence of a mechanism to address cases of non-compliance with the Office Memorandum dated 21.11.2022.
Case Title: Md Imran Ahmad and others v. Union of India and others
