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Tuesday, August 21, 2001

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SC verdict against social justice: Motamma

By Our Special Correspondent

BANGALORE, AUG. 20. Though the Cabinet has decided to implement the Supreme Court judgment on quota in promotions relating to SC and ST engineers in government service, one of its members, the Minister for Women and Child Welfare, Ms. Motamma, has a different view.

She told presspersons here on Monday that the December 1, 2000 judgment, in what is called the Badappanavar's case, militated against social justice. Ms. Motamma, who is also a member of the Congress Working Committee, expressed similar views speaking earlier at a function organised by the KPCC in connection with the 86th birthday of Devaraj Urs and the 57th birthday of Rajiv Gandhi. She noted that it was Devaraj Urs who introduced reservation in promotions for SCs and STs in government service in 1978.

At the press conference, Ms. Motamma, who belongs to a Scheduled Caste, denied criticising the Supreme Court judgement. She only wished the court had taken note of the need for ensuring social justice. She pointed out that an appeal against the judgment by an association of SC and ST engineers was before the Supreme Court.

Despite the ruling given by the court, the minister spoke in favour of prospective implementation of the same (from last year) and not retrospectively. She said that as a result of the judgment over 300 SC and ST engineers would have to be demoted. They included the Public Works Secretary who would now have to work as an executive engineer.

When it was pointed out that the non-SC and ST engineers were forced to approach the Supreme Court as their juniors belonging to the SC and ST categories were promoted ahead of them and were now occupying high positions, Ms. Motamma said that such a situation would not have arisen if the reservation fixed for SCs and STs had been fulfilled. The backlog in promotion had brought about the present situation. She denied having broken the concept of collective responsibility of the Cabinet.

The Supreme Court on August 6 rejected the plea made by the State to grant six months to complete the seniority list of engineers in the light of the judgment and implement the same. On another petition seeking implementation of the order, the court has issued contempt of court notices to the Chief Secretary, Ms. Teresa Bhattacharya, the Principal Secretary, Public Works, and the Chief Engineer, Communications and Buildings (South), and summoned them to appear before it on August 28. The Minister for Law and Parliamentary Affairs, Mr. D. B. Chandre Gowda, has said that the Government had no option but to implement the judgment.

The Cabinet has approved an action plan to publish the final seniority lists by August 20 and to issue promotion and reversion orders before the contempt petition was heard by the court on August 28.

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