Supreme Court allows reservation in promotion to SC/ST employees

The top court took into account the Centre's submissions that entire process of promotion has come to a "standstill" due to the orders passed by various high courts.

Published: 05th June 2018 03:09 PM  |   Last Updated: 06th June 2018 03:27 AM   |  A+A-

The Supreme Court of India (ANI Twitter Photo)

By Express News Service

NEW DELHI: The Supreme Court on Tuesday allowed the Centre to go ahead with reservation in promotion for SC/ST employees in accordance with the law. A vacation bench of judges Adarsh Kumar Goel and Ashok Bhushan accepted the Centre’s submission that the entire process of promotion has come to a standstill due to the orders passed by various high courts and the apex court.

Additional Solicitor General Maninder Singh told the bench that there were separate verdicts by the high courts of Delhi, Bombay and Punjab & Haryana and the apex court had also passed different orders on appeals filed against those judgments.

“How the promotion is taking place as of now?” the bench asked.  “They are not. It is all standstill. This is the problem. I am the government and I want to give promotion as per constitutional mandate,” the ASG replied. To this, the court said, “We will say you (Centre) can go ahead with promotion in accordance with law.”

The Centre cited the apex court’s 2006 judgment in the M Nagaraj case, which had said creamy layer cannot be applied to SC/ST for promotions in government jobs.

Singh said another bench of the apex court had earlier said a five-judge Constitution bench would examine whether the M Nagaraj judgment needs to be reviewed. He also referred to Article 16 (4A) of the Constitution, which enables the state to provide for reservation in matters of promotion to SC/ST employees, which in its opinion were not adequately represented in the services.

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Comments(26)

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  • Debasish Palui

    If 70 years after
    3 months ago reply
  • B S Verma

    Reservation is needed to SC/ST /OBC due to their backwardness in education, economical, social and justice. Some people say that all are economically backward but they are not socially backward. The SC/ST people has a minor part of land as well as agriculture and other types. The 85% of SC & ST people lives in small villages and there is no Roads & other facilities.
    11 months ago reply
  • Raju

    It is not so easy to say that the reservations are not needed we can not bearly underestimate the judgement of hon’ble suprem court with a few examples we can not say whole india is like that lot of discussion is needed over the reservation
    11 months ago reply
  • Siril

    Hell with reservations.....this need to be scrapped!!! This is creating screwed representation and injustice to many. WHY RESERVATIONS? SAY NO TO IT. Its high time that people should raise their voice against this exploitation. WHY DO THESE SCs
    1 year ago reply
  • Chitaranjan nayak (ODISHA)

    If ST and SC person get promotion in reservation
    1 year ago reply
  • Surinder Raina

    To hell with supreme court
    1 year ago reply
  • naveen

    the reservation for SC/ST is for their social backwardness and not for their economic backwardness....So were ppl already in job or not is matter or their children are having good facilities or not is not a matter....
    1 year ago reply
    • Filip Kumar Borah

      After 70 years history why only a section of the SC ST community could improve
      1 year ago reply
  • DILIP KUMAR BORAH

    How one can claim himself as backward while sitting in luxurious car with smart phone in hand ? Reservation should be only on economic basis for equal progress of the mass.
    1 year ago reply
    • Razu

      So why is ur community is demanding ST status?
      8 months ago reply
  • DILIP KUMAR BORAH

    As per SC/ST reservation policy only a section of the SC/ST communities who are already benefited are repeatedly getting privilege as their kids are again enjoying reservation though they get equal facilities for study and other matters in improved environment like other unreserved category children
    1 year ago reply
  • Shashank Pallav

    Such decisions will de-grow the top leadership and country will automatically suffer consequence.
    1 year ago reply
  • Aalok

    Vote bank politics is now being trumped by popular justice. Black day in history of Bharat. No place for the meritorious in India. Why stop at this
    1 year ago reply
  • A common man

    What was the purpose for reservation of SC/ST caste people at the time when the law/constitution was written ? The purpose should be re-visited as per current society status and updated to solve the same purpose (not to limit only SC/ST people). After 70 years did the law help ? If yes
    1 year ago reply
  • Kulvinder singh

    It proves that no scope in India for well educated and talented people. And the result will be poor India always.
    1 year ago reply
  • sk

    now this is true bhedbhav...
    1 year ago reply
  • AMIT SHARMA

    Master Stroke............. Very good judgement This is the only reason educated and Talented people are moving out of india and helping other nation to develop and build other nations - CANADA/AMERCIA etc. Grow up indian system
    1 year ago reply
    • sroj

      Do you know the scope of discrimination in the promotion system? It always happens... This will stop that to some extent....
      1 year ago reply
    • Viren

      When a SC/ST/OBC is having Govt Support in eductaion
      1 year ago reply
    • Viren

      I agree with U . Work Culture is very LOW here
      1 year ago reply
  • vishal

    Give them reservation on border alo
    1 year ago reply
    • raj

      Get data. poor and lowere caste people go to army not the prosperous upper caste. go and check.
      1 year ago reply
  • Manoj Chowdhury

    Is it fair with the qualified General Candidates as well as with the Country by granting reservation to the candidates who are already treated as creamy layer ? May decide it neutrally being a actual human.
    1 year ago reply
    • raj

      why did you get reservation.
      1 year ago reply
  • H.S.Kabir

    Good design
    1 year ago reply
  • Rasant

    What a shame...... Always doing politics on caste Nd claiming to make india unite... What a joke... As far as reservation is present there is no chance of a unite india...
    1 year ago reply
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