The Supreme Court has for the first time introduced reservation for Other Backward Classes (OBCs) in recruitment of its staff.
This comes after the top court came out with a roster specifying the post-wise quota for Scheduled Castes (SCs) and Scheduled Tribes (STs) in matters of recruitment and promotion.
A gazette notification dated July 3 said that the Chief Justice of India, in exercise of the powers conferred by clause (2) of Article 146 of the Constitution, amended Rule 4A of the Supreme Court Officers and Servants (Conditions of Service and Conduct) Rules, 1961.
As per the amended Rule 4A, “Reservation in direct recruitment to various categories of posts specified in the Schedule, for the candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Physically Challenged, Ex-servicemen and dependant of Freedom Fighters shall be in accordance with the Rules, orders, and Notifications issued from time to time by the Government of India in respect of posts carrying the pay scale corresponding to the pay scale prescribed for the post specified in the Schedule, subject to such modification, variation or exception as the Chief Justice may, from time to time, specify.”
Though the court had a quota for SC/STs, the Rules did not have any provision for OBC quota. Now, it has happened for the first time under CJI B R Gavai.
The roster specifying post-wise quota for SCs/STs was done in keeping with the five-judge Constitution Bench ruling in R K Sabharwal vs State of Punjab in 1995.
The ruling said that in government appointments, reservation should be post-based (based on the number of posts in a cadre) and not vacancy-based (based on the number of vacancies arising in a given year). The judgment also said there should be separate rosters for direct recruitment and promotion. Under the roster, a post identified for a particular category will continue to remain with it even after the retirement of the person holding the post.
