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Supreme Court of India 2016-01-08 allowed

Chairman & Managing Director Central Bank of India & Ors vs Central Bank of India SC/ST Employees Welfare Association & Ors

Bench: 2 — A.K. Sikri

In Brief

A bench of two judges reconsidered a prior decision on whether public sector banks must provide reservation for SC/ST employees in promotional selections. The Court found an error in its earlier judgment: it had concluded that an Office Memorandum of 1997 provides only concessions (not reservation) for SC/ST officers, but then contradictorily stated that reservation applies to lower pay scales. The Court corrected this manifest error, reaffirming that the Memorandum does not mandate reservation in promotions. It emphasized that reservation in promotion is an enabling power—the State may choose to provide it, but courts cannot force such provision. The decision reinforces that enforceable rights in SC/ST candidates depend on actual statutory provision, not constitutional ideals alone.

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Reservation Promotion Scheduled Castes and Scheduled Tribes Administrative Law Public Sector Banks Civil Procedure

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