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ST/ ST job promotions: Supreme Court says no need to refer Nagaraj judgement to larger bench
ST/ ST job promotions: Supreme Court announced that reservation for Scheduled Castes and Scheduled Tribes in job promotions does not require reconsideration by a larger bench.
ST/ ST job promotions: The Supreme Court on Wednesday announced its judgement stating that the 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 which stated that states required to collect quantifiable data to prove backwardness. The top court by its 2006 judgment, also known as M Nagaraj case, had said: "...state will have to show in each case the existence of compelling reasons, namely backwardness, inadequacy of representation and overall administrative efficiency, before making provision for reservation in promotion."
The Supreme Court’s judgement came in the wake of pleas challenging a 2006 order of the top court which mentioned, “The state is not bound to make reservation for SC/ST in matter of promotions. However, if they wish to exercise their discretion and make such provision, the state has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance of Article 335.” The judgment was reserved on August 30.
Earlier the court has said that this as litigants opposed to reservation in promotion had contended that scheduled castes (SC) and scheduled tribes (ST) have come to occupy the office of the President, Central Ministers, Chief Justice of India and Chief Ministers, and this section is no more socially disabled as they were in the past.
The Centre had asserted to reconsider the 2006 judgement mentioning that due to reservation in promotion, some people belonging to scheduled castes and scheduled tribes have climbed up a few steps in the economic ladder yet the stigma of caste and backwardness continues to stick to them and they suffer from social exclusion.
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Amitabh Tiwari
Opinion