SC/ST reservation in promotion: Supreme Courts leaves it to states

The Supreme Court on Wednesday said its 2006 verdict putting benefits of quotas in job promotions for SC/ST employees need not be referred to a seven-judge bench. The apex court also turned down the Centre’s plea that overall population of SC/ST be considered for granting quota for them. The unanimous judgement was pronounced by a five-judge Constitution bench headed by Chief Justice Dipak Misra.

The bench, also comprising Justices Kurian Joseph, R F Nariman, S K Kaul and Indu Malhotra, said states need not collect quantifiable data on backwardness of SC/ST for giving quota in job promotion to SC/ST employees.

The bench did not comment on two other conditions given in the 2006 verdict which dealt with adequacy of representation of SC/ST in promotion and not to disturb administrative efficiency.

The court’s verdict came on petitions seeking that a seven-judge bench reconsiders the court’s 2006 judgement which had put conditions for granting quota benefits in job promotions for SC/ST employees.

The bench had reserved its verdict on August 30 after hearing various stakeholders, including the Centre, on the matter.

A five-judge constitution bench, in its 2006 verdict in the M Nagraj case, had said the states are bound to provide quantifiable data on the backwardness of Scheduled Castes (SC) and Scheduled Tribes (ST), the facts about their inadequate representation in government jobs and the overall administrative efficiency, before providing quota in promotions to members of these communities.

(With PTI inputs)