Data collection not needed to quantify backwardness for reservation in job promotions says SC

Written by Sabrang Staff | Published on: September 26, 2018

In the 2006 Nagaraj verdict, the Supreme Court had held that the state was not bound to provide reservation in promotions to SCs/STs.


Supreme Court

New Delhi: The Supreme Court said its 2006 verdict putting benefits of quotas in job promotions for SC/ST employees need not be referred to a larger seven-judge bench. It said that the 2006 verdict did not need to be reconsidered.
 
It also turned down the Centre's plea to gather population data on SC/ST people for granting quota to them.
 
It also reversed the finding in Nagaraj judgment that required states to collect quantifiable data to prove backwardness, saying it was contrary to the decision in Indira Sawhney case.
 
The unanimous judgement was pronounced by a five-judge Constitution bench headed by Chief Justice Dipak Misra.
 
Misra said states need not collect quantifiable data on backwardness of SC/ST for giving quota in job promotion to SC/ST employees.
 
“Bahujan Samajwadi Party chief Mayawati welcomed the Supreme Court's order and said, "the judgement is welcome to a certain extent since the Supreme Court didn't impose a restriction in this regard and clearly said that centre or state governments can provide reservation if they want,” said NDTV.
 
The top court by its 2006 judgment, also known as 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 October 19, 2006 judgment had said that the concept of creamy layer within the SC/ST is not the issue. "There may be individuals who might have overcome the stigma, but the community continues to face the stigma.” 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,” The Indian Express said.
 
Additionally, the state was also required to ensure that the reservation does not breach the 50 per cent ceiling.
 
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