New Delhi: The Centre on Wednesday pleaded in the Supreme Court for providing quota in promotions for SC/STs in government jobs and urged for reconsideration of an earlier verdict holding against such reservation in promotions.
A three-judge bench of Chief Justice Dipak Misra and Justices A.K. Sikri and Ashok Bhushan, agreed with Attorney General K.K. Venugopal’s submission and decided to look into the issue afresh. The AG said any interpretation of the provisions of the Constitution has to be done only by five judges as contemplated under Article 145 (3).
In October 2006, a five-judge Constitution bench in the case of Nagaraj vs Union of India has concluded the issue by holding that the state is not bound to make reservation for SC/ST in promotions. However, if they wish to 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. There must be compelling reasons, namely, backwardness and inadequacy of representation, which enable the state to give reservation keeping in mind the efficiency of the administration.
SC to probe cancellation of promotions by HCs
The Attorney General wanted the court to have a relook at this verdict following a reference made by a two-judge bench headed by Justice Kurian Joseph on Tuesday.
The CJI said a five-judge Constitution bench would examine afresh whether reservation in promotions in government jobs for SC/STs can be provided without data of inadequacy of their representation in the various cadres or services. The court will examine this issue in the light of controversy over orders passed by different High Courts cancelling promotions to SC/STs in government jobs,
Several states and employees associations had moved the apex court challenging the orders given by High Courts. They argued that once the President has determined the backwardness of SC/ST the backwardness couldn’t be determined further. They said identification of creamy layer and their exclusion for reservation will not apply to SC/ST and promotions are to be provided in the government jobs, as it is a constitutional requirement.
