NEW DELHI: In a bid to buttress its pro-Dalit image ahead of the 2019 elections, the Centre on Friday made a strong pitch for reservation to SC/ST government staff in promotion and urged the Supreme Court to re-visit a 12-year-old verdict.
The 2006 verdict had ruled against quotas in promotions for the creamy layer and that employees belonging to SC/ST could get guaranteed promotions only if the government comes up with hard data to justify the quota.
Attorney General K K Venugopal urged the Constitution bench comprising Chief Justice Dipak Misra, Justices Kurian Joseph, Rohinton Nariman, Sanjay Kishan Kaul and Indu Malhotra to review the Nagaraj verdict which had imposed three conditions — identification of backwardness, compelling reasons, and inadequate representation for grant of quota for SC/ST in promotions.
“There was no need for testing backwardness of SC/ ST employees while granting promotion as the apex court itself in Indra Sawhney case had said test of backwardness does not apply to SC and STs as they are presumed to be backward,” the AG said adding that the verdict was virtually stopping reservation in promotion for SC/ST staff and it was unimplementable.
Venugopal also informed the court that the government wants 22.5 per cent reservation (15 per cent SC + 7.5 per cent ST) for SC and ST candidates.
Senior counsel Rajeev Dhavan, appearing for parties opposing reservation in promotions, said such a system was anti-equality. The arguments will continue on August 16.