Recently, the Center informed the Supreme Court of India that Scheduled Castes, Scheduled Tribes and OBC reservation will be given in temporary appointments which are to last for 45 days or more.

Further, they said that directions have been issued to all Ministries and Departments to strictly implement this reservation in temporary posts.

In response to a writ petition requesting SC/ST/OBC reservations in temporary employment, the Central Government apprised the Court of Office Memorandum No. 41034/4/2022-Estt. (RES-I) dated 21.11.2022, which was issued by the Department of Personnel and Training under the Ministry of Personnel, Public Grievances & Pensions, Government of India.

Referring to previous OMs issued in 1968 and 2018, the present OM said :

"...it has been reiterated that in respect of appointments to Central Government posts and services, there shall be reservation for Scheduled Caste/ Scheduled Tribe/ Other Backward Class candidates in temporary appointments which are to last for 45 days or more."

The Office Memorandum (OM) also made reference to a report from the Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes. This report noted that the instructions regarding reservations in temporary positions were not being fully adhered to by all government departments, highlighting a lack of compliance with the spirit and intent of the reservation policies.

"...all the Ministries/Departments are requested to ensure that reservation for Scheduled Castes/Scheduled Tribes/Other Backward Classes shall be made in all temporary appointments which are to last for 45 days or more. These instructions should be conveyed to all concerned for strict compliance.”, the Minister said.

The division bench of Justices Sanjiv Khanna and SVN Bhatti, concluded and rejected the writ petition.

Further, the Court clarified that in the event of any violation of this Office Memorandum, the petitioners or any affected party would have the right to seek the appropriate legal remedy as per the law.

Additionally, the bench took note of the statement provided by the counsel representing the Union Government, indicating that mechanism is in place to deal with cases of failure to follow or abide by the Office Memorandum dated 21.11.2022.

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