On the work quota of the SC / ST, the center asks the superior court to “establish a defined ground”


Center asked the Supreme Court to establish a definitive reason to implement the reservation for the promotion.

New Delhi:

The Center on Tuesday asked the Supreme Court to establish a definitive and compelling reason for the Indian Union and States to implement the reservation of Scheduled Castes (SC) and Scheduled Tribes (ST) promotions in jobs government.

Attorney General KK Venugopal, representing the Center, told a bench led by Judge L Nageswara Rao that the SC / STs have been left out of the mainstream for years and “we have to bring an equalizer (in the form of reserve) in the interest of the country to give them an equal chance ”.

“If you do not pose a decisive and definitive reason that the States and the Union will follow, there will be a multitude of disputes. There will never be an end to this question of what is the principle on which the reservation must be made …

“We can’t fill the seats unless merit is the criterion, but there is a class that has been left out of the mainstream for centuries. In this case, in the interest of the country and in the interest of the constitution we have to bring an equalizer, and in my opinion it is proportional representation. This gives the right to equality, “Venugopal told the bench also including justices Sanjiv Khanna and BR Gavai who reserved his verdict on the matter.

He said, “we need a principle on which reservations must be made.”

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“If it’s left to the state, how will I know when the adequacy is met? What’s not enough. That’s the big problem,” he said.

The GA said there is no doubt that when it comes to SC / ST, due to hundreds of years of suppression, they must be given, through affirmative action, an equal chance to overcome lack of merit.

“This resulted in exemptions regarding qualifications, exceptions to grades regarding selections and similarly so that they could get places in teaching and due to the nature of the jobs they worked for hundreds of years. like manual cleaning, etc. They were considered untouchables and they couldn’t compete with the rest of the population. Hence the reserve, “he said.

The Supreme Court heard pleadings on the issue of reserving promotions to employees belonging to SC and ST.

The top jurist said that the question of the adequacy of representation arose in 1950 itself.

“What has been done in the past seven decades by uniting India and states in education and employment? Your lordships need to see if these things have worked. ‘is not satisfactory, it is the duty of the court to suggest an alternative method and guide a method by which a standard or a criterion is established, which is certain and final.

“These opportunities for these hapless are an equalizer. But equalizers don’t work overnight. It can take decades and decades. When it comes to SC / ST, they are always suffering to get into the mainstream of the life, “said the GA. .

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Citing statistics collected from nine states, Mr Venugopal said all have followed a principle to equalize them so that lack of merit does not deprive them of entering the mainstream.

He said the total percentage of backward classes in the country is 52%.

“If you take a proportion, then 74.5% of bookings should be given, but we set the threshold at 50%,” he said.

Mr Venugopal argued that if the highest court left the decision on the reservation to states by taking quantifiable data and the adequacy of representation, then it would go back to square one.

The AG had previously argued that it is more difficult for those belonging to SC and ST to obtain a higher post in the Group A job category and the time has come when the higher court should give a basis concrete for SC, ST and other Backward Classes (OBC) to fill vacant positions.

The judiciary had previously said it would not reopen its decision on the issue of granting a reservation in the promotion of Listed Castes (SC) and Listed Tribes (ST) and said it was up to the States of decide how they were going to implement the same.

Mr Venugopal had referred to the highest court rulings from the Indra Sawhney verdict of 1992, commonly referred to as the Mandal Commission case, to the Jarnail Singh verdict of 2018.

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The Mandal decision excluded the quota in promotions.

The judicial officer had stated that until 1975 3.5 percent of SCs and 0.62 percent of STs were employed by the government and this is the average figure.

Today, in 2008, the figure of SC and ST in public employment stands at 17.5 and 6.8 percent respectively, which is still low and justifies such a quota, he said.

The highest court had said on September 14 that it would not reopen its decision on granting reservations in promotions to SC and ST, as it is up to states to decide how they implement it.

Previously, Maharashtra and other states had said promotions were made in unreserved categories, but promotions were not granted in categories reserved for SC and ST employees.

In 2018, a constitutional panel of five judges refused to refer to the 2006 judgment in the M Nagraj case, in which the concept of a creamy layer was extended to SC and ST to a larger panel of seven judges for reconsideration.

It had also paved the way for the granting of quotas for promotions in government posts to SC and ST and amended the 2006 judgment to the extent that states would not be required to “collect quantifiable data” reflecting the delay. of these communities to justify the quota in promotions.

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