Reservation in Promotion for SC / ST Employee To Continue Ordered Supreme Court:
Positive news had come for the SC/ST employee from the Supreme Court which had allowed the Union Government to provide reservation in promotion for SC/ST employee as per law, till the issue is disposed off by the constitution bench.
The Supreme Court has allowed the central government to continue the reservation in promotion in government jobs as per the law till the hearing in the constitutional bench on this issue is completed.
However, last year the Supreme Court had decided on the issue that the five judges’ constitution bench will hear the matter. Earlier, various high courts had ordered the cancellation of the reservation in the promotion in the job. Because the data is not available about their inadequate representation.
After which many state governments had challenged the decision of the cancellation of reservation in the High Court promotion in the Supreme Court. State governments have argued that when the President has fixed the backwardness of Scheduled Castes / Scheduled Tribes (SC / ST) through notification, then backwardness can not be determined ahead of this.
SC / ST associations and state governments argued that the rule of excluding creamy layers does not apply to SC / ST and promotion in government jobs should be given as it is a constitutional requirement. But those who support the order of the High Court argue that according to Nagraj’s decision of the Supreme Court, for reservation in promotion, it has to prove that there is not enough representation of the SC / ST in the services and the data will be provided for it.
Now the constitutional bench of the five judges in the Supreme Court has to decide whether M Nagraj’s decision needs to be re-considered or not. In the Nagraj judgment in 2006, the Supreme Court had said that SC / ST can not be given reservation in promotion without quantitative data.