The verdict came on every bit many every bit 8 petitions that had raised the termination whether an SC/ST community fellow member inwards i dry reason tin terminate try reservation inwards approximately other dry reason where his caste is non notified every bit SC/ST.
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| The bench was too seized of the enquiry whether SC/ST people of approximately other dry reason tin terminate try quota benefits for authorities jobs inwards Delhi. |
The Supreme Court on Th reserved its verdict on petitions seeking a seven-bench exam of its judgment inwards the grand Nagaraj illustration which had set weather condition for granting quota benefits for labor promotions to SC/ST employees working inwards the populace sector.
Influenza A virus subtype H5N1 five-judge constitution bench, headed past times Chief Justice of Bharat Dipak Misra, reserved the lodge on whether the 12-year-old verdict granting reservation to SC/ST employees working inwards the populace sector required consideration past times a larger bench or not.
The 2006 verdict said that “the dry reason is non leap to brand reservation for SC/ST inwards thing of promotions. However, if they want to practise their discretion in addition to brand such provision, the dry reason has to collect quantifiable information showing backwardness of the shape in addition to inadequacy of representation of that shape inwards populace work inwards add-on to compliance of Article 335.”
The verdict too mandated the dry reason to ensure that the reservation did non atomic number 82 to excessiveness in addition to then every bit to breach the upper ceiling of 50 per cent or obliterate the creamy layer or extend the reservation indefinitely.
The Centre in addition to diverse dry reason governments had sought reconsideration of this verdict on diverse grounds, including that the members of the SC/ST communities are presumed to travel backward in addition to considering their stigma of caste, they should travel given reservation fifty-fifty inwards labor promotions.
Alleging that the Nagraj verdict had set unnecessary weather condition inwards granting quota benefits to the SC/ST employees, the Centre sought its reconsideration past times a larger bench.
Appearing for the Centre, Attorney General K K Venugopal said in that place was a presumption of backwardness inwards their favour. He said the SC/ST communities bring been facing caste-based discrimination for long in addition to the stigma of caste is attached to them despite the fact that approximately of them bring come upwardly up.
Senior advocate Rajeev Dhavan, appearing for i of the petitioners, had before contended that a lot of confusion has occurred due to conflicting judicial pronouncements given past times dissimilar benches of the apex courtroom in addition to high courts.
At the hearing on Wednesday, senior advocate Rakesh Dwivedi, who represented those opposing quota inwards promotions, had told the bench that before in that place was presumption of backwardness amongst regard to SC/ST communities. There should non travel quota inwards promotions for higher services every bit the presumption of backwardness of SC in addition to ST employees “vanishes” i time they bring together authorities service, he had claimed.
Dwivedi added that the quota inwards promotions for SC/ST may travel continued for class-IV in addition to class-III services, but should non travel allowed for higher services.
Earlier, the transcend courtroom had questioned the logic behind granting quota inwards promotions inwards authorities jobs to the kith in addition to kin of affluent persons amid the SC in addition to ST communities who bring been belongings high official positions. It had asked why the ‘creamy layer’ principle, used to exclude the affluent amid other backward classes (OBCs) from enjoying the fruits of reservation, cannot travel made applicable to deny quota benefits inwards advertisement to those affluent amid the SCs in addition to STs.
(With PTI inputs)
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