Hindustan Times ST (Mumbai)

Centrepitc­hesforsc/st quota injobpromo­tions

Govt says quota must as SCS, STS suffered social inequaliti­es for yrs

- HT Correspond­ent

NEW DELHI: The National Democratic Alliance (NDA) government told Supreme Court on Friday that scheduled castes (SCS) and scheduled tribes (STS) had suffered social inequaliti­es for years and, for the purpose of extending them reservatio­ns in government jobs promotions, it should be presumed that they remain underprivi­leged communitie­s even now.

“It represents thousands of years of backwardne­ss. Affirmativ­e action will have to proceed on the basis of Article 335. State will have to presume that there is backwardne­ss,” attorney general KK Venugopal told a fivejudge bench led by CJI Dipak Misra.

Article 335 of the constituti­on says the State will take into considerat­ion the claims of SCS/STS in making appointmen­ts to services and posts.

The bench, also comprising justices Kurian Joseph, RF Nariman, SK Kaul and Indu Malhotra, is considerin­g whether a 2006 Supreme Court judgment, delivered in what is referred to as the Nagaraj case, requires a reconsider­ation.

The apex court had then ruled the State must back the reservatio­ns in promotion policy for SCS and STS with quantifiab­le data to show that the communitie­s do not have adequate representa­tion. It also said that while granting quotas, the State must keep in view the aspect of overall administra­tive efficiency.

Since then, the issue has become intensely political with Dalit groups, as well as major political parties, arguing that the verdict blocked reservatio­ns in promotions for those belonging to the marginalis­ed communitie­s.

CONTINUED ON P 10

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