The Jharkhand High Court overruled a 2019 advertisement which gave retrospective application to 10% Economically Weaker Section reservation by amalgamating earlier vacancies of 2013 and 2015 with vacancies which arose after implementation of reservation in 2019.
Justice Sanjay Kumar Dwivedi held that at time of advertisement of 2013 and 2015, 10% reservation for EWS was not there, and providing reservation by clubbing vacancies is against decree of the Constitution.
WHAT’S THE CONTEXT OF PETITION?
The petitioners approached the High Court for withdrawal of an advertisement published by Jharkhand Public Service Commission in order to appoint on the post of Assistant Engineer (Civil) providing for looking into relevance of 10% reservation to EWS category.
Saurabh Shekhar, advocate appearing on side of petitioners argued that the advertisement violated their right on earlier vacancies as they were merged with 10% EWS reservation.
The main issue that thus arose was whether the reservation provided to EWS can be given effect retrospectively or not.
OBSERVATIONS OF BENCH
It was observed that reservation for EWS category was made effective by state Government from 15th January 2019 and was clearly spelled out from Clause 11 of the resolution on 15th February 2019. Thus, it was to be made effective from 15th January 2019 by State of Jharkhand.
This solved the question, by observing that reservation cannot be allowed to be made effective with retrospective effect.
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