Declaring as unconstitutional under section 3(7) of the 1994 Uttar Pradesh public services Act, a division bench of the High Court observed that the caste based promotion without following the judgement of the Supreme Court on the issue cannot be held valid.
The division bench comprising chief justice Barin Ghosh and justice U C Dhyani told the government that it can make a new law regarding the promotion on the basis of caste only after collecting relevant data concerning the exact position of the benefits extended to the people belonging to SC/ST under caste based promotions.
The court, on the petition of PWD junior engineer Vinod Prakash Nautiyal, further said the government can provide employment on the basis of caste but it cannot be the basis for promotions.
Nautiyal in his plea had said that he was being denied promotion during the past 30 years while his juniors were being promoted on the basis of caste.
The Court also rejected the argument of the state government that it was free to take decisions regarding promotion on the basis of caste.
The government counsel had argued that the Court cannot interfere in the process of promotions which the government takes independently.