No need to collect quantifiable data of backwardness for SC/ST reservation in promotions: Supreme Court
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No need to collect quantifiable data of backwardness for SC/ST reservation in promotions: Supreme Court

17 news, 1

The Supreme Court Wednesday said its 2006 decision in the M Nagaraj case on the reservation for Scheduled Castes and Scheduled Tribes in job promotions does not require reconsideration by a larger bench. However the apex court reversed the finding in Nagaraj judgment that stated states required to collect quantifiable data to prove backwardness, saying it was contrary to the decision in Indira Sawhney case.

A five-judge bench of the apex court, also comprising Justices Kurian Joseph, R F Nariman, S K Kaul, and Indu Malhotra, in August reserved its verdict on petitions seeking a seven-bench examination of its judgment in the M Nagaraj case that had put conditions for granting quota benefits for job promotions to SC/ST (Scheduled Caste/Scheduled Tribe) employees working in the public sector.

In the Nagaraj verdict, the Supreme Court had held that the state was not bound to provide reservation in promotions to SCs/STs. But in case any state wished to make such a provision, it was required to collect quantifiable data showing backwardness of the class as well as its inadequate representation in public employment, the SC had said.

Additionally, the state was also required to ensure that the reservation does not breach the 50 per cent ceiling. The ruling also said that the ‘creamy layer’ concept cannot be applied to SCs and STs for promotions in government jobs.

The Centre and var...

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