SC/ST Quota in Promotions: Government Wants 22.5 Per Cent Promotional Posts Reserved For SC/ST Employees
The top court was hearing the Centre's plea seeking a re-look at 2006 judgment that had barred reservation in promotion on the grounds that a large number of posts are lying vacant due to it.
New Delhi, Aug 3: The government on Friday pushed for reservation in promotions for employees belonging to SC/ST communities in the Supreme Court. Attorney General K K Venugopal told the apex court that 22.5 per cent (15 per cent SC+ 7.5 per cent ST) quota was needed in promotions. The top court was hearing the Centre's plea seeking a re-look at 2006 judgment that had barred reservation in promotion on the grounds that a large number of posts are lying vacant due to it.
"How do you establish inadequacy in representation? Is it for the each post? Should it for the entire department? How should this factor be determined?" the Attorney General asked while seeking review of 2006 judgment also known as Nagaraj judgment. "Government wants 22.5 per cent promotional posts reserved for SC/ST in government jobs. Only this quantum will satisfy adequacy of their representation," he added.
The apex court had on July 11 refused to pass any interim order against its 2006 verdict and said that a five-judge bench would first see whether it needs to be examined by a seven-judge bench or not. The apex court had said it cannot hear the matter only for the purpose of interim relief as a reference has already been made to the Constitution bench.
The M Nagaraj verdict of 2006 had held that the ‘creamy layer’ concept cannot be applied to the Scheduled Castes and Scheduled Tribes for promotions in government jobs, like two earlier verdicts of 1992 Indra Sawhney and others versus Union of India (popularly called Mandal Commission verdict) and 2005 E V Chinnaiah versus State of Andhra Pradesh which had dealt with creamy layer in Other Backward Classes category.
The Centre had submitted that the matter required urgent consideration by a seven-judge Constitution bench as lakhs of jobs in Railways and the services were stuck due to confusion over various judicial pronouncements. (With PTI inputs)
(The above story first appeared on LatestLY on Aug 03, 2018 03:23 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).