IVY GOHAIN DASGUPTA Vs. BHAGWAN PATOR

JUDGEMENT

(1.) Heard Mr. KN Choudhury, learned Senior Counsel assisted by Mr. N Gautam, learned counsel for the appellant in WA No. 46/2023 and WA No. 162/2023 and Mr. MK Choudhury, learned Senior Counsel assisted by Mr. M Sarma, learned counsel for the appellant in WA No. 239/2022. Also heard Mr. DK Das, learned counsel for the respondent Bhagwan Pator, Mr. D Mozumdar, learned Additional Advocate General for the authorities in the State of the Assam and Mr. D Mahanta, learned counsel for the respondents No. 11, 12 and 13 in WA No. 163/2023.

(2.) The facts and circumstances leading to the present appeals flow from the Constitution Seventy Seventh Amendment introducing Article 16(4A) by which it was provided that nothing shall prevent the State from making any provisions for reservation in the matters of promotion to any class or classes of posts in the services under the State in favour of Scheduled Castes and Scheduled Tribes, which in the opinion of the State, are not adequately represented in the services under the State and the Constitution (Eighty Fifth) Amendment wherein an amendment was brought in to the Article 16 (4A) providing for reservation in the matters of promotion with consequential seniority. The Constitution Seventy Seventh Amendment to the Constitution is as per the Constitution (Seventy Seventh Amendment) Act, 1995 and the Constitution (Eighty Fifth) Amendment is as per the Constitution (Eighty Fifth Amendment) Act, 2001.

(3.) It has to be taken note that in the State of Assam by the Assam Act XII of 1979 i.e. the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 (in short, the Act of 1978), as per Sec. 5 thereof, reservation for Scheduled Castes and Scheduled Tribes in the posts to be filled up by promotion was already statutorily provided for.