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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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