Supreme Court reserves order on pleas to review verdict on quota benefits to SC/ST employees
The Supreme Court on Thursday reserved its verdict on petitions seeking a
seven-bench examination of its judgment in the M Nagaraj case which had
put conditions for granting quota benefits for job promotions to SC/ST
employees working in the public sector.
A five-judge constitution bench, headed by Chief Justice of India Dipak
Misra, reserved the order on whether the 12-year-old verdict granting
reservation to SC/ST employees working in the public sector required
consideration by a larger bench or not.
The 2006 verdict said that “the state is not bound to make reservation for SC/ST in matter of promotions.
However, if they wish to exercise their discretion and make such
provision, the state has to collect quantifiable data showing
backwardness of the class and inadequacy of representation of that class
in public employment in addition to compliance of Article 335.”
The verdict also mandated the state to ensure that the reservation did
not lead to excessiveness so as to breach the upper ceiling of 50 per
cent or obliterate the creamy layer or extend the reservation
indefinitely.
The Centre and various state governments had sought reconsideration of
this verdict on various grounds, including that the members of the SC/ST
communities are presumed to be backward and considering their stigma of
caste, they should be given reservation even in job promotions.
Alleging that the Nagraj verdict had put unnecessary conditions in
granting quota benefits to the SC/ST employees, the Centre sought its
reconsideration by a larger bench.
Appearing for the Centre, Attorney General K K Venugopal said there was a
presumption of backwardness in their favour. He said the SC/ST
communities have been facing caste-based discrimination for long and the
stigma of caste is attached to them despite the fact that some of them
have come up.
Senior advocate Rajeev Dhavan, appearing for one of the petitioners, had
earlier contended that a lot of confusion has occurred due to
conflicting judicial pronouncements given by different benches of the
apex court and high courts.
At the hearing on Wednesday, senior advocate Rakesh Dwivedi, who
represented those opposing quota in promotions, had told the bench that
earlier there was presumption of backwardness with regard to SC/ST
communities. There should not be quota in promotions for higher services
as the presumption of backwardness of SC and ST employees “vanishes”
once they join government service, he had claimed.
Dwivedi added that the quota in promotions for SC/ST may be continued
for class-IV and class-III services, but should not be allowed for
higher services.
Earlier, the top court had questioned the logic behind granting quota in
promotions in government jobs to the kith and kin of affluent persons
among the SC and ST communities who have been holding high official
positions. It had asked why the ‘creamy layer’ principle, used to
exclude the affluent among other backward classes (OBCs) from enjoying
the fruits of reservation, cannot be made applicable to deny quota
benefits in promotion to those affluent among the SCs and STs.
(With PTI inputs)
Source: Indian Expres
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