In an editorial comment in his party's mouthpiece, Saamna, Sena chief Bal Thackeray welcomed the Supreme Court ruling and observed that the existing reservation system had created frustration and disparity in society. In fact, the Supreme Court verdict reflects the sentiments of a larger section of the society, he maintained, reiterating his known stand that reservations should be based not on caste or community but on economic depravity.

The BJP, however, has not made its stand clear on the judgement. The state unit is obviously looking for a lead from the central party which is unlikely to come up with any clear line on this very sensitive subject bang in the middle of an election.

Meanwhile, the Republican Party of India (Athavale) is all set to launch a statewide stir against the ruling. ``Wehave respect for the judiciary, but injustice will be done to the backward communities which have been denied opportunities for several centuries,'' party chief Ramdas Athavale said.

Besides staging massive demonstrations on September 30 before the courts, an RPI delegation will also represent to President K R Narayanan and Governor P C Alexander, he said.

``Besides the agitational programme, we also plan to set up a highlevel action committee to chalkout strategy and consult legal experts. At the same time, we have requested the alliance government not to implement the order passed by the appex court,'' Athavale added.

A constitution bench of the Supreme Court comprising Chief Justice A S Anand and Justices K Venkatswami, G B Pattanaik, S P Kurdukar and M Jagannadha Rao, while disposing of a bunch of interlocutory applications, gave an elaborate verdict on reservations in promotions.

The main question before the appex court was whether the roster point promotees (reserved category) count theirseniority (vis a vis general candidates) in the promoted category from the date of their continuous officiation after they are promoted to the same position as their previous boss (when they were in a lower category post).

``We hold that the roster point promotees cannot count their seniority in the promoted category from the date of their continuous officiation in the promoted post vis-a-vis the general candidates, who were senior to them in the lower category and who were later promoted. On the other hand, the senior general candidate at the lower level, if he reaches the promotional level later but before the further promotion of the reserved candidate, he will have to be treated as senior, at the promotional level to the reserved candidate even if the reserved candidate was earlier promoted to that level,'' the apex court observed.

The court also dealt at length on article 16 (1), (4) and (4A). Section 1 relates to equality of appointment in matters of public employment, while section 4 empowers thestate to make reservations in favour of any backward class of citizens, which in the opinion of the state is not adequately represented in the services under the state and section 4A empowers the state to make reservations in matters of promotion of any class or classes of posts in the services in favour of scheduled castes and scheduled tribes, which in the opinion of the state are not adequately represented in the services.

The appex court held that articles 16 (4) and (4A) do not confer any fundamental right to reservation. ``There is marked difference in the language employed in article 16 (1) on one hand and articles 16 (4) and (4A). There is no directive or command in articles 16 (4) and (4A). On the face of it, the language in each of the articles is in nature of an enabling provision and it has been so held in jugements rendered by the constitution benches and in other cases right from 1963,'' the court pointed out.

In view of the overwhelming authority, the court held that both articles 16 (4)and (4A) do not confer any fundamental rights nor do they impose any constitutional duties but are only in the nature of enabling provisions vesting a discretion in the state to to consider providing reservation if the circumstances mentioned in these articles so warranted.