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Kamlesh Kumar (Government Official)     10 June 2018

Reservation of sc/st in promotion

The Supreme Court in its judgement dated June 5, 2018 commented to go ahead "IN ACCORDANCE WITH THE LAW" in the matter of  reservation in promotion of SC/ST employees without quoting the APPLICABLE LAW in the issue.

The Government Counsel states the applicable LAW is judgement of Suprement Court delivered in M Nagaraja Case in 2006.

WHAT NEXT NOW???

Request comments from the learned members..

Thanks & Regards,

 



Learning

 1 Replies

rajeev sharma (Advocate Ex senior manager law )     11 June 2018

The Supreme Court in the Nagraqja Case had observed that reservtiin in promotion was not against the sprit of constitutuion . SC upheld the constitutional validity of ammendment 77,82,&85. It decided that if the staes want to give reservation in promotion state has to collect quantifiable data showing backwardness of the class and inadquacy of representation of that class in public employment. In addition to that the state has to ensure tht the efficiancyof the government services is not compromised.The cap of 50% quota too shall be maintained. 

So it is the  existing law regarding the reservation in promotion and will continiou till either the constitution is ammended or the thorough data regarding all the classes os SC/ST is done by state governments. I do not think that such a data collection will be  ever taken up by state governments because the quota for SC/ST is dominated by certain class of caste in SC/ST. If such a  survey is conducted many of the SC caste which have been  cremy lawyeer in some state will be out of the quota. 

So wait for some time no drastic change will happen as that will be resisted by membeers of influentioal SC/ST castes.


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