IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P.(S) No.5131 of 2007
Sylvester Toppo & Ors. .... Petitioners
versus
The State of Jharkhand & Ors. .... Respondents
CORAM: HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioners : Mr.Anjani Kr.Verma, Advocate
For the Respondents: Mr. M.S.Anwar, Sr.Advocate
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03/06.07.2009
In this petition, the petitioners have prayed for a direction on
the respondent no.2-Jharkhand Vidhan Sabha to follow the reservation
policy in the matter of promotion.
It has been submitted that the petitioners are the members of
Scheduled Tribe and they have been deprived of the right of
consideration in reserved quota in absence of clear reservation policy
and roster. It has been submitted on behalf of the petitioners that by
Memo no.EST-66/06/2547 dated 8th September, 2006, the respondents
sought to implement the reservation policy in the matter of
appointment/promotion. However, in spite of the same and in spite of
the undertaking given before this Court in W.P.(C) no. 5987 of 2003 by
the respondents, they have not followed the reservation policy.
A counter affidavit has been filed on behalf of the respondents
stating, inter alia, that the reservation policy has been followed in
promotion matter and that the Jharkhand Vidhan Sabha has taken step
towards implementation of reservation in posts and services and to
that effect, notification has also been issued and a Committee has
been constituted for roster clearance. The petitioner no.1 is one of the
members of roster clearance Committee. All the appointments are
made after following the reservation policy.
I have heard learned counsel for the petitioners as also
Mr.M.S.Anwar, learned senior counsel, appearing on behalf of the
respondents, and considered the facts and materials on record.
On going through the letter issued by the respondents by Memo
no. 2547 dated 8th September,2006 (Annexure-6), it is evident that
they have decided to implement the reservation policy with
retrospective effect from 19th May, 2004. In the counter affidavit as
well, they have specifically stated that reservation policy has been
followed in the promotion matter.
The grievance of the petitioners at this stage is that though the
decision of implementing the reservation policy has been taken,
.2.
nothing has been done for roster clearance so far in spite of the order
as contained in Annexure-6.
Since the respondents have made specific statement that the
Committee has already been constituted for roster clearance and the
petitioner no.1 is one of the members of roster clearance Committee,
this writ petition is disposed of with a direction to the respondents to
conclude the process of the roster clearance within a period of three
months from the date of receipt/production of a copy of this order.
(Narendra Nath Tiwari,J.)
s.b.