Reservation in promoting SC/ST government employees: Supreme Court refuses to pass interim order
The court said the Constitution bench that will be set up cannot take up the matter before first week of August.
The Supreme Court on Wednesday refused to pass an interim order against its 2006 verdict related to reservations to Schedule Caste and Schedule Tribe categories in government job promotions, reported PTI. The top court said that a seven-judge Constitution bench will be formed to look into the previous judgement.
When Attorney General KK Venugopal, appearing for the Centre, said the matter should be heard urgently as lakhs of jobs were stuck because of confusion over different court orders, the court said the Constitution bench that will be set up cannot take up the matter before the first week of August.
On June 5, the top court allowed the Centre to provide reservation in promotions for employees from Scheduled Caste and Scheduled Tribe communities. The order is effective until the Constitution bench disposes of the matter.
Last August, the Delhi High Court quashed an office memorandum of the Department of Personnel and Training that provided for the continuation of reservation in promotions indefinitely. The bench had cited the top court’s 2006 judgement in the M Nagaraj vs Union of India case.
In that verdict, the Supreme Court held that the state was not bound to provide reservations in promotion to government employees from Scheduled Caste and Scheduled Tribe communities. But if a government wished to introduce such quotas, it needs to collect quantifiable data showing the backwardness of these classes, the court had said. The court ruled that if reservation is implemented it must not breach the 50% ceiling or “obliterate the creamy layer”.