The state government may have to increase the quota of reservation in promotion of its employees from Scheduled Caste and Scheduled Tribe communities, and do away with the crucial ‘adequacy’ clause, if the contentious Constitution Amendment Bill, providing for reservation in promotion for government employees, is passed. At present, the state government has 15 per cent reservation for SCs and 6 per cent for STs in promotions. However, the Constitution (117th Amendment) Bill says that the percentage of reservation in promotion should be equivalent to the percentage of reservation provided in services: 16 per cent for SCs and 7 per cent for STs.
The government might also need a relook at another policy. Andhra Pradesh till now follows a policy in which promotions are granted for SC/ST candidates only after verifying whether they have adequate representation in a particular post. The quota on promotion is used only if SC/ST candidates have insufficient representation in that particular post. General merit is taken as the basis for promotion if the numbers are adequate.
However the Bill, tabled in Rajya Sabha on Wednesday, envisages “provision for reservation in a particular category of posts to the extent of the percentage of reservation provided in services.” “This is irrespective of existence of adequate representation to SC and ST employees in the category of posts to which the employees would be promoted,” said G. Jojappa, honorary president of Government BC, SC and ST Employees Association.
The Centre proposed the Constitutional amendment since the judiciary has, over the years, struck down the rule of reservation in promotion in different cases. The Supreme Court observed that the state will have to show the existence of “compelling” reasons in each case of promotion: backwardness (of SCs and STs), inadequacy of representation, and overall administrative efficiency.