But what does the fifty percent apply to with respect to jobs? Initially it was fifty percent of recruitment. In 1976, State of Kerala vs. N.M. Thomas it became fifty percent of total strength of the service. In 1981, Akhil Bhartiya Shoshit Karamchari Sangh vs. Union of India, the Court held that reservations in promotions should not “substantially” exceed fifty per cent, but an order reserving 66 and two thirds per cent of promotions in the Railways was upheld as not being “substantially in excess” of 50 per cent.

• 2000: 81st Constitutional Amendment: Reserved Posts will be considered a separate class of vacancies to be filled in succeeding years and this class of vacancies shall not be considered together with the vacancies of the year that were being filled up for the purpose of determining the 50 per cent ceiling. In effect, the ceiling was raised.

• October 2006: Court reiterates 50 per cent ceiling.

What to Watch? Whether the full text of the current judgment clarifies what exactly is meant by “no more than fifty percent” What does this apply to: total strength of the service? Vacancies in any given year? Vacancies at any given level?

Promotions are Reserved

1962, General Manager Southern Railway vs. Rangachari held that reservations might be permissible for promotions under certain circumstances, especially if the state made a case that certain classes were under represented. Ironically in response the Central government passed an order saying there would be no reservations in 1976 (Thomas Case); 1981 (Shoshit Karamchari Case) uphold reservation in promotion.

... contd.