V K BANERJEE Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition raises substantial questions of laws-Mr. Amit Bose, learned counsel for the petitioner has challenged the validity of the Government order dated 10-10-1994 whereby percentage of reservation for Scheduled Caste officers for promotion to the next higher post has been raised from 18% to 21%, Mr. Bose has further challenged the validity of the amending rules made under proviso to Article 309 of the Constitution of India on 10-10-1994 whereby the criterion of selection on the basis of merit (sic) the seniority subject to the rejection of the unfit. He has also drawn our attention to the decision of the Hon'ble Supreme Court in the case of Indra Sahney AIR 1993 SCR 477, wherein it has been held that no reservation in promotional posts is permissible under Article 16 (4) of the Constitution of India but the existing provision of reservation in promotions can be continued only for five years.

(2.) SRI S. M. A. Kazmi learned standing counsel has appeared on behalf of the opposite party Nos. 1, 2 and 3 prays for and is granted two weeks to file a counter-affidavit. SRI Amit Bose, learned counsel for the petitioner may file rejoinder affidavit within a week thereafter. '

(3.) NOT only that the questions raised are important but have for reaching consequence and, therefore, it is desirable that authoritative pro nouncement on the questions raised arrived at by a Larger Bench. Let the papers of this case be put up before Hon'ble the Chief Justice for getting the matter listed preferably before a Larger Bench at the earliest convenience. The Registry is directed to prepare a list of all the cases in which these ques tions are arising and help has been promised at the instance of the standing counsel and the learned counsel for the petitioner on the basis of which at the time of listing of this petition a bunch will be prepared showing names and particulars of all these cases.