The Asian Age

Promotion quota: Verdict reserved

The bench was hearing batch of petitions

- J. VENKATESAN NEW DELHI, AUG. 30

New Delhi: 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.

Attorney- general K. K. Venugopal told the court that the community ( SC/ ST) as a whole has been facing discrimina­tion

The Supreme Court on Thursday reserved verdict on a batch of petitions relating to the issue whether quota should be provided for Scheduled Castes/ Scheduled Tribes in government jobs, even as the Centre asserted that the stigma of caste printed on the forehead of a SC/ ST never disappears.

A Constituti­on Bench of Chief Justice Dipak Misra and Justices Kurian Joseph, Rohinton Nariman, S. K. Kaul and Indu Malhotra reserved with the Attorney General ( AG) K. K. Venugopal maintainin­g that there was no need for testing backwardne­ss of SC/ ST employees while granting promotion. He said the discrimina­tion still exists though the position of SC/ ST has improved to some extent in the last 70 years.

The Bench was hearing batch of petitions seeking reconsider­ation of the ‘ 2006 Nagaraj judgment’ against such quota. In October 2006, a five judge Constituti­on Bench in the case of Nagaraj vs Union of India had concluded the issue by holding 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.

There must be compelling reasons, namely, backwardne­ss and inadequacy of representa­tion, which enables the states to provide for reservatio­n keeping in mind the overall efficiency of the state administra­tion.

Disagreein­g with this finding, the AG said there has to be a presumptio­n of backwardne­ss for SC/ ST and that the 2006 judgment should not have stipulated for satisfacti­on regarding backwardne­ss of the class in providing reservatio­n in promotion. He said there was no question of identifica­tion of creamy layer among SC/ STs.

AG submitted that there was no need for further quantifiab­le data for showing backwardne­ss so as to provide reservatio­ns for promotions. He told the court that the community as a whole has been facing discrimina­tion from the upper caste.

 ?? PTI ?? Andhra Pradesh chief minister N. Chandrabab­u and Justice ( Retd) Jasti Chamleshwa­r attend the funeral procession of Nandamuri Harikrishn­a, TDP founder NTR’s son, who died in a road accident, in Hyderabad on Thursday. —
PTI Andhra Pradesh chief minister N. Chandrabab­u and Justice ( Retd) Jasti Chamleshwa­r attend the funeral procession of Nandamuri Harikrishn­a, TDP founder NTR’s son, who died in a road accident, in Hyderabad on Thursday. —

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