Reservation in Direct Recruitment and Promotion in various services and post are being implemented as per provisions of Assam Scheduled Castes and Scheduled Tribes (Reservation in vacancies of services and posts) 1978 as amended in 2012. One Man Commission was constituted to acquire quantifiable data on backwardness / inadequacy and efficiency in public administration in compliance with Hon’ble Supreme Court’s order in M. Nagraj –Vs- Union of India. The report submitted by the One Man Commission was accepted by State Govt. and Office Memorandum for implementation of reservation in promotion was issued accordingly. However, the same was challenged in Hon’ble Gauhati High Court. The Hon’ble High Court in its order dtd. 23.12.2015, wherein it held that the state cannot implement reservation in promotion on basis of One Man Commission report as the same was not carried out cadre-wise. Further, Hon’ble Court held that if the State wish to give promotion in reservation then it shall have to satisfy itself about the compelling reasons – backwardness, inadequacy and efficiency in public administration. Accordingly, views of Advocate General was sought on the operative part of High Court’s order. Advocate General gave his considered views that the State may continue with the implementation of reservation in promotion as provided in para- 69 of the High Court’s order. Judicial and Personnel Department are being consulted for issue of revised Office Memorandum for implementation of reservation in promotion.
