In a full bench reference regarding applicability of 21 percent reservation for Scheduled Castes (SC) in promotions, the Allahabad High Court has held that such a rule would not be attracted if the posts in a cadre are less than five.
The High Court was deciding a reference as to the applicability of the rule for reservation for promotions in aided educational institutions. The court held that the 21 percent reservation can be made applicable if the cadre posts are at least five.
The Full Bench comprising of Justice Ashok Bhushan, Justice Arun Tandon and Justice AP Sahi held so while deciding the reference as to whether the roster in respect of reservation can be applied with regard to the promotion in class III posts in Intermediate colleges.
Notably the rule of reservation for appointment by way of promotion is available only to scheduled castes in the state of Uttar Pradesh and no such benefit is available for other backward categories. They are entitled to the benefit of reservation only in the process of direct recruitment.
The reference was made to the full bench, as there were conflicting views of two Division Benches of the court on this point.