In a significant development, the Central Government has informed the Supreme Court of its commitment to uphold caste-based reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) even in temporary job placements lasting 45 days or more. The government has issued directives to all Ministries and Departments, emphasizing the strict implementation of reservations for temporary positions.
Represented by Additional Solicitor General KM Nataraj, the union government conveyed this message to a bench presided over by justices Sanjv Khanna and SVN Bhatti. The government’s response came in response to a writ petition that sought SC/ST/OBC reservations in temporary employment opportunities.
The government referred to Office Memorandum no. 41034/4/2022-Estt. (RES-I) dated November 21, 2022, issued by the Department of Personnel and Training, Ministry of Personnel, Public Grievances, and Pensions, Government of India. This memorandum guarantees reservations for SC/ST/OBC candidates in temporary appointments lasting 45 days or more. It also cited previous Office Memorandums issued in 1968 and 2018 to support its stance.
Furthermore, the memorandum highlighted a report from the Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes, which revealed that not all departments were fully adhering to the guidelines for reservations in temporary positions.
The Ministry emphasized, “…all the Ministries/Departments are requested to ensure that reservations for Scheduled Castes/Scheduled Tribes/Other Backward Classes shall be made in all temporary appointments which are to last for 45 days or more. These instructions should be conveyed to all concerned for strict compliance.”
Taking these Office Memorandums into consideration, the bench dismissed the writ petition. It underscored that if there is any violation of this Office Memorandum, the petitioners or any affected party can seek appropriate legal remedies.
The court also acknowledged the Union Government’s counsel’s statement regarding the presence of a mechanism for addressing instances of non-compliance with the November 21, 2022, Office Memorandum.
Representing the petitioners in court were senior advocates Sanjay Hegde, Ayush Negi, AOR, Kartik Venu, Adv, Vishakha Upadhyay, Adv, and Shikhar Chanda, Adv.
In conclusion, this move by the Modi government reaffirms its commitment to promoting social inclusion through caste-based reservations, even in temporary job placements, in alignment with the Supreme Court’s directives.
