SC refuses to lay down yardstick for granting reservation in promotion to SCsSTs
New Delhi Jan 28 PTI The Supreme Court Friday refused to lay down any yardstick for granting reservation in promotion to Scheduled Castes and Scheduled Tribes in government jobsA three-judge bench headed by Justice Nageswara Rao said states are obligated to collect data on inadequacy of representation of SCsSTsOn the basis of arguments we have divided submission into six points One is yardstick In the light of Jarnail Singh and Nagaraj we have said we cannot lay down any yardstickWith respect to the unit for collecting quantifiable data we have said that the State is obligated to collect quantifiable data said the bench also comprising Justices Sanjiv Khanna and B R Gavai The apex court said the collection of information regarding inadequacy of representation of SCsSTs cannot be with reference to the entire service or class but it should be relatable to gradecategory of posts to which promotion is sought Cadre which should be the unit for collection of quantifiable data in relation to promotional posts would be meaningless if data pertaining to the representation of SCSTs is with reference to the entire service the bench said With regard to proportionate representation and test of adequacy the top court said it has not gone into this aspect and it has left it to the states to assess inadequacy of representation of SCsSTs in promotion of post by taking into account relevant factors The apex court had reserved its verdict on October 26 2021 The Centre had earlier asked the court to lay down a definite and decisive ground for the Union of India and the states to implement reservation in promotions to SCs and STs in government jobs Attorney General K K Venugopal appearing for the Centre had submitted that SCSTs have been sidelined from the mainstream for years and we have to bring an equaliser in form of reservation in the interest of the country to give them an equal chance If you dont lay down a definite decisive ground that the states and union will follow therell be a multitude of litigations There will never be an end to this issue as to what is the principle on which reservation has to be made AG had said The bench had mentioned earlier that it would not reopen its decision on the issue of the grant of reservation in promotion to SCs and STs and said it was for the states to decide how they are going to implement the same Venugopal had referred to the apex court judgements right from the Indra Sawhney verdict of 1992 popularly known as the Mandal Commission case to the Jarnail Singh verdict of 2018 The Mandal judgement had ruled out quota in promotions Venugopal had said that till 1975 35 per cent SCs and 062 per cent of STs were in government employment and this is the average figure In 2008 the figure of SCs and STs in government employment rose to 175 and 68 per cent respectively which are still low and justified such quota he had said In 2018 a five-judge Constitution bench had refused to refer to the 2006 judgement in the M Nagraj case in which the creamy layer concept was extended to the SCs and STs to a larger seven-judge bench for reconsideration It had also paved the way for a grant of quota for promotions in the government jobs to SCs and STs and had modified the 2006 judgement to the extent that the states will not be required to collect quantifiable data reflecting the backwardness among these communities to justify the quota in promotions PTI PKS SA
New Delhi Jan 28 PTI The Supreme Court Friday refused to lay down any yardstick for granting reservation in promotion to Scheduled Castes and Scheduled Tribes in government jobsA three-judge bench headed by Justice Nageswara Rao said states are obligated to collect data on inadequacy of representation of SCsSTsOn the basis of arguments we have divided submission into six points One is yardstick In the light of Jarnail Singh and Nagaraj we have said we cannot lay down any yardstickWith respect to the unit for collecting quantifiable data we have said that the State is obligated to collect quantifiable data said the bench also comprising Justices Sanjiv Khanna and B R Gavai The apex court said the collection of information regarding inadequacy of representation of SCsSTs cannot be with reference to the entire service or class but it should be relatable to gradecategory of posts to which promotion is sought Cadre which should be the unit for collection of quantifiable data in relation to promotional posts would be meaningless if data pertaining to the representation of SCSTs is with reference to the entire service the bench said With regard to proportionate representation and test of adequacy the top court said it has not gone into this aspect and it has left it to the states to assess inadequacy of representation of SCsSTs in promotion of post by taking into account relevant factors The apex court had reserved its verdict on October 26 2021 The Centre had earlier asked the court to lay down a definite and decisive ground for the Union of India and the states to implement reservation in promotions to SCs and STs in government jobs Attorney General K K Venugopal appearing for the Centre had submitted that SCSTs have been sidelined from the mainstream for years and we have to bring an equaliser in form of reservation in the interest of the country to give them an equal chance If you dont lay down a definite decisive ground that the states and union will follow therell be a multitude of litigations There will never be an end to this issue as to what is the principle on which reservation has to be made AG had said The bench had mentioned earlier that it would not reopen its decision on the issue of the grant of reservation in promotion to SCs and STs and said it was for the states to decide how they are going to implement the same Venugopal had referred to the apex court judgements right from the Indra Sawhney verdict of 1992 popularly known as the Mandal Commission case to the Jarnail Singh verdict of 2018 The Mandal judgement had ruled out quota in promotions Venugopal had said that till 1975 35 per cent SCs and 062 per cent of STs were in government employment and this is the average figure In 2008 the figure of SCs and STs in government employment rose to 175 and 68 per cent respectively which are still low and justified such quota he had said In 2018 a five-judge Constitution bench had refused to refer to the 2006 judgement in the M Nagraj case in which the creamy layer concept was extended to the SCs and STs to a larger seven-judge bench for reconsideration It had also paved the way for a grant of quota for promotions in the government jobs to SCs and STs and had modified the 2006 judgement to the extent that the states will not be required to collect quantifiable data reflecting the backwardness among these communities to justify the quota in promotions PTI PKS SA
