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Supreme court ruling on reservation in promotions

supreme court ruling on reservation in promotions

On Monday, the Karnataka State Government SC/ST Employees Coordination Committee said it would organise a state-level rally in Bengaluru on June 15 supreme to demand presidential assent to a bill that would ensure reservations in promotions, The News Minute reported.
First Published: Mar 11, 2016 18:55 IST.According to, the Indian Express, the vacation bench told supreme Additional Solicitor General (ASG) Maninder Singh, We will say you (Centre) can court go ahead with promotion in accordance with law.States must first determine whether the criteria of inadequacy of representation, backwardness and overall efficiency are fulfilled, the judges had said.Since backwardness and inadequacy of representation cannot be determined without a survey, the petitioners wanted the SC supreme to direct the UP government to conduct such a survey and collect data for taking a decision regarding reservation in promotion and consequential fixing of seniority.The Centre then filed the review petition, and said the judgement had created anger and disharmony.Similarly, Constitutional Courts, when applying the principle of reservation, will be well within their jurisdiction to exclude the creamy supreme layer supreme from such groups or sub-groups when applying the principles of equality under Articles 14 and 16 of the Constitution of India.In a recent ruling which comes as a relief to the Centre, a vacation bench of the Supreme Court on June 5 allowed it to go ahead with reservations in the promotion of Scheduled Tribes and Scheduled Caste employees in accordance with law thereby paving. But if a government wished to introduce such"s, it needs to collect quantifiable data showing the backwardness of these classes, the court had said.
The judgment had said the creamy layer exclusion ruling was confined to OBCs only and has no relevance in the case of SCs and STs.
We do not agree with Balakrishnan,.J.s statement in Ashoka Kumar Thakur that the creamy layer principle is merely a principle of identification and not a principle of equality, it said.

Be it clearly stated, the saga courts do not formulate any policy, remain away from making anything that would amount keygen to legislation, rules and regulation or policy relating to reservation, the bench said, dismissing a batch of petitions on the politically sensitive matter.I am government and it is my crown duty to promote my employee as per the law.While the government says it is still examining the judgment, SC/ST groups are restive in a poll year that has seen caste protests nationwide.The economically better off in SCs should not get scholarships.Read," in promotions OK but keep out creamy layer among SCs, STs:.When Nagaraj applied the creamy layer test to Scheduled ruling Castes and Scheduled Tribesit did not in any manner interfere with Parliaments power under Article 341 or Article 342.The minister, an ally of the ruling.The order promotions follows the Centres plea seeking a review of the top courts judgement on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.Since then it has delivered several verdicts on petitions coming from different states rejecting claims for" in promotions.The Supreme Court on Tuesday allowed the Centre to provide reservation in promotions for employees from Scheduled Caste and Scheduled Tribe communities, ANI reported.It is used to protect those who are discriminated against.Here the term in accordance with law roughly translates to the fact that under-representation of the SC and STs acrobat should be established while ensuring that administrative efficiency is not compromised.The ASG further said that the petition was a challenge by the Centre to the Delhi High Courts August 23 verdict which overwhelmed the Governments order of extending reservation in promotion to employees belonging to SCs/STs beyond five years from November 16, 1992, The Free.But in the absence of fresh qualitative data regarding backwardness and inadequacy of representation crown of SCs and STs in government services, any constitutional amendment might meet the same fate.All promotion is stayed. So far creamy layer is applicable only for OBCs seeking reservation.