The Supreme Court has asked the Center what steps it has taken to justify the decision to give reservation in promotion to SC, ST employees.
New Delhi : The Supreme Court has asked the Center what steps it has taken to justify the decision to give reservation in promotion to the employees of Scheduled Castes (SC) and Scheduled Tribes (ST).Also Read – Supreme Court rejects petition seeking amendment in Supertech’s order, twin towers to be demolished
A bench of Justices L Nageswara Rao, Sanjiv Khanna and BR Gavai said that if reservation in promotion to SCs and STs in a particular cadre of jobs is challenged judicially, the government has to justify it on the ground that any They have inadequate representation in the particular cadre and providing quota will not adversely affect the overall administrative efficiency. Also Read – The Supreme Court asked, when the court has put a stay on agricultural laws, then why are there demonstrations on the streets?
The bench said, ‘Please do not argue on principles. Show us the stats. How do you justify reservation in promotion and what efforts have you made to justify the decisions. Please take instructions and let us know about it.’ At the beginning of the hearing, Attorney General KK Venugopal, appearing for the Centre, referred to the apex court’s judgments from the 1992 Indra Sawhney case, popularly known as the Mandal Commission case, to the 2018 Jarnail Singh case. In the Mandal decision, reservation in promotion was denied. Also Read – Delhi blockade issue: SC seeks answers from more than 40 farmers’ organizations, and many leaders including Rakesh Tikait
“Relevant point is that Indira Sawhney’s decision was related to backward classes and not SCs and STs,” the law officer said. “This decision pertains to the question whether reservation should be given to each class in proportion to their population,” he said. It (judgment) says ‘No, it should not be given’ because then it will go far beyond the 50 per cent limit.’
He said that Article 16 of the Constitution requires equality in matters of public employment and if merit is the only criterion then socially disadvantaged, SCs and STs may not be able to compete.
The Attorney General said that by 1975, 3.5 per cent SCs and 0.62 per cent STs were in government employment and this is an average figure. He said that now the SC and ST figures in government employment have come down to 17.5 and 6.8 per cent respectively in 2008, which is still low and justifies such quotas. The bench will continue hearing on Wednesday also.
Earlier, on September 14, the apex court had said that it will not reopen its decision to grant reservation in promotion to SCs and STs as it is for the states to decide how they implement it. “We are making it clear that we are not going to reopen Nagraj or Jarnail Singh (cases), as the idea was only to decide these matters in accordance with the law laid down by the court,” the bench said. (Input – PTI)