Reservation in Promotions of Sc/st

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Last Updated on June 17, 2018 by Legalseva.net

Supreme Court has granted relief to centre in matter of reservations in promotions (RIP) to be carried in the category of SC/ST in accordance with law.

Before orders, the entire process of promotions had reached a standstill. Both the Apex Court and High Courts of other states have passed Contradictory Orders and in one by Apex Court had even ordered “Status Quo”.

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The matter was posted before vacation bench of Justice Adarsh Kumar Goel and Ashok Bhushan who cleared that Centre is and was never debarred from making promotions in accordance with law.

Issue on the judgments given by Apex Court:

1 Nagaraja case 2006 Supreme Court judgment settles the issue of reservation in promotion (RIP) says ASG Maninder Singh.

In this case court upheld the constitutional validity of 77th, 81st, 82nd and 85th Amendments. For state to exercise this discretion and make provisions for reservation in promotion for SCs/STs state has to collect quantifiable date to show backwardness of a class and inadequacy of representation of that class in public employment in addition to Article 335. The reservations however will not breach the ceiling limit of 50% or obliterate the creamy layer or extend the reservation indefinitely.

2 Judgment Creamy layer concept cannot be applied to SC & ST for promotions in government jobs like earlier verdicts of 1992 Indira Sawhney and Ors vs. Union of India (Mandal Commission)

2005 EV Chinmaiah versus Andhra Pradesh

3 Reference earlier made to 5-Judge Constitution Bench who ordered “Status Quo” as far as reservation in promotion to SC/ST employees are concerned. 5-judge bench will examine whether the issue of reservation in promotion is to be relooked or not.

4 As per article 16 (4A) of Constitution of India enables State to provide for reservation in promotion to SC/ST which in its opinion was not adequately represented in the services.

5 For State to make out a case under Article 16 (4A) Reservation in Promotion (RIP) should be on set of quantifiable data.

The reservation in promotion is applicable for both state and central government employees.

For now the appeal remains pending with other matters.

Useful Links:

  1. Questions of Promotion by TheHindu
  2. Reservation in promotion of government employees cleared by Apex court by Qrius
  3. Does merit matter in Quota Debate by FinancialExpress
  4. Is reservation in promotion acceptable by Quora.
  5. Reservations in Promotions For Govt Jobs will Destroy  Governance by FirstPost.

Let’s see how this matter unfolds. Stay tuned to LegalSeva for more updates on service matters. For any subject specific advice, don’t forget to dial 99888-17966.

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