Does Supreme Court verdict virtually clear way for reservation in promotion for SC/ST employees? All you need to know

By: |
Updated: September 26, 2018 1:54:10 PM

Justice RF Nariman clarified that there is no requirement to collect quantifiable data of backwardness of SC/STs to provide reservation.

reservation in promotions, supreme court clears reservation pronmotion, reservation in promotion clerared by supremecourt, supreme court clear reservationPronouncing its judgement today, the Supreme Court while holding that there was no need to refer its 2006 verdict on benefits of quotas in job promotions for SC/ST employees to a larger bench, did term it bad in law.

Supreme Court of India on Wednesday may have virtually paved way for the implementation of reservation in promotions in government jobs. Pronouncing its judgement today, the Supreme Court while holding that there was no need to refer its 2006 verdict on benefits of quotas in job promotions for SC/ST employees to a larger bench, did term one condition imposed in the judgement as bad in law and struck it down.

The bench comprising Chief Justice Dipak Misra, Justices Kurian Joseph, R F Nariman, S K Kaul and Indu Malhotra clarified that states need not collect quantifiable data on the backwardness of SC/ST employees to provide benefits of quota in job promotion, news agency PTI reported.

The 2006 verdict of the top court had mandated states to provide quantifiable data on the backwardness of Scheduled Castes (SC) and Scheduled Tribes (ST), information on inadequate representation in government jobs and the overall administrative efficiency before going ahead with the quota for them.

The Centre and various state governments had sought a reconsideration of this verdict on various grounds. The governments had contested that SC and ST communities are presumed to be backward and considering their stigma of caste, they should be given reservation even in job promotions.

However, in today’s verdict, Justice RF Nariman clarified that there is no requirement to collect quantifiable data of backwardness of SC/STs to provide reservation, legal watchdog Live Law reported.

The verdict has virtually left it upon the state and Central government to decide as to when and in what form reservation in promotion is to be implemented.

The top court did not comment on two other conditions given in the 2006 verdict which dealt with adequacy of representation of SC/ST in promotion and not to disturb administrative efficiency, PTI reported.

Appearing for the central government, KK Venugopal had told the court that the requirement for quantifiable data imposed by the 2006 Nagaraj judgement had made it difficult to extend quota benefits to employees. The Centre said it is impossible to comply with conditions laid down by the court in the 2006 case because data will keep changing while recruitment and filling up of vacancies is a dynamic and continuous process.

Get live Stock Prices from BSE and NSE and latest NAV, portfolio of Mutual Funds, calculate your tax by Income Tax Calculator, know market’s Top Gainers, Top Losers & Best Equity Funds. Like us on Facebook and follow us on Twitter.

Switch to Hindi Edition