The Supreme Court on Monday took up several pleas regarding alleged hurdles over reservation in promotion to the Scheduled Castes (SCs) and Scheduled Tribes (STs) in various states, asking them to apprise the attorney general about the issues that need examining and submit a list in four weeks.
A three-judge bench, headed by Chief Justice of India (CJI) SA Bobde, however, turned down the Centre’s request to permit ad hoc promotions to fill over 130,000 vacant posts in public employment across the country. The bench, also comprising Justices L Nageswara Rao and Vineet Saran, told the attorney general to finalise the issues and posted 80 petitions for hearing after six weeks.
The issues arising in these matters pertained to the application of a decision passed by the apex court in a 2006 case titled M. Nagaraj vs. Union of India where a five-judge Constitution Bench held that for applying reservation in promotions, the government must provide quantifiable data to show the backwardness of a particular class and inadequacy of their representation in public employment. States were finding this yardstick too difficult to achieve. Several high courts even began applying this rule laid down by the top court for carrying out reservation in promotions for SC/ST, thereby forcing states to approach the top court.
In 2018, the top court in Jarnail Singh v Lachhmi Narain Gupta case refused to refer the Nagaraj judgment to a higher bench but later altered the decision by saying that states will not be required to present quantifiable data of backwardness of Scheduled Castes or Tribes. However, it made the creamy layer test applicable to reservation in promotions of SC/ST. “The issues are not common in all the cases which have arisen from several states. We therefore consider it appropriate and expedient that the Advocates-on-Record appearing for each state should furnish a note clearly stating the issues within a period of two weeks from today.”
{{/usCountry}}In 2018, the top court in Jarnail Singh v Lachhmi Narain Gupta case refused to refer the Nagaraj judgment to a higher bench but later altered the decision by saying that states will not be required to present quantifiable data of backwardness of Scheduled Castes or Tribes. However, it made the creamy layer test applicable to reservation in promotions of SC/ST. “The issues are not common in all the cases which have arisen from several states. We therefore consider it appropriate and expedient that the Advocates-on-Record appearing for each state should furnish a note clearly stating the issues within a period of two weeks from today.”
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