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