About Court Cases

The higher judiciary is diluting reservation by giving anti-reservation judgements. When five anti-reservation orders were issued in 1997, that was because of the judgements of the higher judiciary. On 4th January, 2011, Lucknow High Court gave the judgement in case of Prem Kumar for withdrawing reservation in promotion. Unfortunately,the UP Government preferred a suit in the Supreme Court on the matter. It would have cleared the deck if it wanted to do so and it was also mentioned in the last paragraph of the judgement that by satisfying three conditions of Nagraj case, reservation in promotion can be continued. In the Nagraj case, three conditions were laid down viz adequate representation, efficiency and backwardness. It was a job of five minutes for the State Government to record the reasons on file and that would have allowed promotion in reservation.

Unfortunately, most of the UP State Government employees, due to fear and caste feeling, did not cooperate with us to take up the matter and pressurize the Parliament as in the past to amend the Constitution. Rajasthan High Court and some other High Courts have also given similar judgements. Most of the matters are now pending in the Supreme Court but even if judgements come in our favour, hindrances in implementing reservation benefits will continue. What is needed is to struggle again and get the constitution amended and Reservation Act passed. A strong and comprehensive Reservation Act will put an end to Court controversies. None other than us can do this and we need your support for this purpose.