The Supreme Court is informed by the Centre that the reservation for the Scheduled Castes, Scheduled Tribes and the Other Backward Classes will be given in the temporary appointments made which are to last for 45 days or more. Further, it has been stated that the instructions have been issued to all Ministries and Departments to strictly implement this reservation in temporary posts.
In the present case, the writ petition was moved seeking for SC/ST/OBC reservation in the temporary jobs, thus, the Central Government informed the Court about Office Memorandum no. 41034/4/2022-Estt. (RES-I) dated November 21, 2023 issued by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, Government of India.
The court while referring to the Oms issued in the year 1968 and 2018 reiterated that in respect of appointments made to Central Government posts and services, there shall be reservation for Scheduled Caste/ Scheduled Tribe/ the Other Backward Class candidates in the temporary appointments which are to last for 45 days or more.
Further, the OM also referred to the report of the Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes, wherein the court observed that the instructions for reservations in temporary jobs are not being followed in letter and spirit by all the departments.
It has also been stated by the Ministry that all the Ministries or the departments are requested to ensure that reservation for Scheduled Castes/Scheduled Tribes/Other Backward Classes shall be made in all temporary appointments which are being made to last for 45 days or more. Thus, the said instructions should be conveyed to all concerned for strict compliance.
The bench comprising of Justice Sanjiv Khanna and Justice SVN Bhatti in the case observed and has disposed of the writ petition. It has also been clarified by the said court that it will be open to the petitioners or an aggrieved party to take recourse to appropriate remedy in accordance with law.