Order
1. When Special Leave Petition (C) No. 30143 of 2009 came up for hearing on 26-4-2010, this Court passed SLP (C) No. 30143 of 2009 the following order, in view of the statement made by the learned counsel appearing for the State of Himachal Pradesh, and the special leave petition was disposed of:
“The State of Himachal Pradesh has issued a Circular on 7-9-2007 as regards the promotion of SCs/STs in the State service. The said circular was challenged by Respondent 1 and the circular was quashed by the High Court by the impugned judgment. The learned counsel appearing for the State submits that the Circular issued on 7-9-2007 has since been withdrawn as the State intends to collect more details with regard to representation of SCs/STs and to pass appropriate orders within reasonable time i.e approximately within three months after collecting necessary details and data. The petitioner would be at liberty to take appropriate steps, if any adverse order is passed. This special leave petition and the contempt petition are thus disposed of finally.”
2. Pursuant to the aforesaid order, it appears that the State of Himachal Pradesh has collected the necessary data as on 31-12-2011. This is evident from the answers given to the Assembly Question Unstarred No. 196, to which the reply was given on 4-4-2012. The question was specific in the following terms:
(a) How much is the present SC/ST backlog in the State; and
(b) What steps is the Government taking to fill up the backlog of these categories?
The answer to the aforesaid Questions (a) and (b) was that “The necessary information is at Annexure ‘A’.”
3. A perusal of Annexure A shows the details of backlog position of Scheduled Castes/Scheduled Tribes in direct recruitment and promotion in the services of the State and Boards/Corporations/public sector undertakings, etc. as on 31-12-2011. That being the position, we are of the considered opinion that there should be no impediment in the way of the respondents in taking a final decision on the question of providing reservation to the members of Scheduled Castes and Scheduled Tribes in the matter of promotion within the State of Himachal Pradesh.
4. The learned counsel appearing for the State of Himachal Pradesh submits that the Government will require at least six months' time to take the necessary decision. We are not inclined to accept the aforesaid submission. In our opinion, in the facts and circumstances of this case, it is necessary for the State of Himachal Pradesh to take the necessary policy decision on the question of providing reservation to the members of Scheduled Castes and Scheduled Tribes in the matter of promotion in the services within the State of Himachal Pradesh, within a period of eight weeks from the date of receipt of a certified copy of this order.
5. The State of Himachal Pradesh is directed to place on record the compliance report before the next date of hearing. This matter shall stand over for ten weeks.
Court Masters