Supreme Court allows promotions in government jobs for SC, ST catagory, says no need to refer it to 7 judge bench

The Supreme Court of India has in a significant judgement today opened doors for promotions in government jobs in the SC, ST category ruling unambiguously that there is now no need to refer the matter to the 7 judge bench. The verdict has been wholeheartedly welcomed by the BSP supremo Mayavati.

It may be recalled that in the Nagaraj verdict, the Supreme Court had held in 2006 that the state was not bound to provide reservation in promotions to SCs/STs. But in case the states’ wished to accord reservation in job promotions, they are required to collect quantifiable data showing backwardness of the class as well as its inadequate representation in public employment, the SC had said.

The Five Judge Bench comprising of chief justice Deepak Mishra, justice Nariman, justice Kurien Joseph, S. K.Kaul and Indu Malhotra etc while giving the right of discretion on reservation with regard to promotion to states has unambiguously ruled that there is now no need to refer the matter to the seven judge bench of the apex court as recommended in the earlier verdict.

The five judge bench has ruled now that the state governments can grant reservation on promotions but only after releasing the statistics. The court said, while there is now no need for the states to collect and furnish the data on percentage of backwards ( quatifiable data) within SC, ST community and the inadequate representation in the public employment in the states thus providing them relief, the states are bound to implement a policy keeping in view the following factors in mind:

(A) There should be fixation of a policy pertaining to the classification of catagories,  (B) The eligibily criteria of these categories in employment, (C) To strictly follow the contitutional act 335.

As per the NDTV’s dispatch the court directed that the finalisation of backwardness criteria would be decided by the state governments on the basis of the statistics ( data) collected.

It may be recalled that as per the Nagaraj verses Union of India verdict, the promotions in reservation could not exceed the 50% limit. The Supreme court has kept this limit intact. The court has simultaneously said that the principle of creamy layer or the affluent sections could not be implemented in job promotions of the SC/ ST catagory.

In the year 2006 in a verdict in connection with the Nagaraj case the, Supreme Court had ruled that the reservation to creamy layer in promotions in govt jobs could not be accorded in the reservation of SC, STs as was ruled in the earlier two verdicts of 1992 and 2005 in Indira Sahni n others verses union govt ( Mandal Commission Verdict) and EV Chineyya verses Andhra Pradesh matters, respectively.

But for reservation in promotions the states will have to provide the eligibility data.

The union government has earlier told the apex court that since the verdict of 2006 is obstructing the reservations in govt job promotions to the SC ST employees it needs to be revived and accorded formal approval.

However, even after the lapse of the old verdict of 2006 neither the union government nor the states have furnished any statistics ( data). Instead the state governments have passed laws on reservation in promotions. But in view of the Apex Court orders these laws had been withheld.

Meanwhile , The SC, ST organisations have organised an all India protests demonstrations in support of their demands.