R.B. Rai vs. State of Madhya Pradesh

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 1942 of 2011, Judgment Date: Apr 30, 2016

27. Thus, taking overall view of the matter, the existing provision relating to reservation, backlog vacancies, carryforward of backlog vacancies and the operation of roster, contained in the Rules of 2002 runs contrary to the constitutional provisions contained in clause (4A) and (4B) of Article 16 and Article 335 of the Constitution and the law predicated in M. Nagaraj (supra), are declared ultra vires and non-est in law.

28. Consequently, various promotions of SCs/STs category made on the basis of these Rules of 2002 are held to be nonest in the eyes of law and the persons be placed in the position as if the said Rules (i.e. the Rules which are declared ultra vires) never existed and all actions taken in furtherance thereof must be reverted to status quo ante.

31. In view whereof, the plea for prospective overruling of the provisions relating to reservation in promotion in the Rules of 2002, is negatived.