Wednesday, June 29, 2022
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No need for reservation in job promotions, Supreme Court reiterates

New Delhi: The Supreme Court on Wednesday refused to refer its previous order on quota in job promotion to a larger bench and upheld the previous M Nagraj verdict dealing in reservation in job promotion.

The Supreme Court today turned down an appeal to reconsider its own earlier order that had rejected the idea of reservations for scheduled castes or scheduled tribes in job promotions.

The apex court had given States the right to decide about quota in job reservation however while doing do so they must adhere to guidelines as set up by the apex court verdict.

The Supreme Court said that there is no need to collect data on the SC/ST in reservation in promotion in government services.

The government wanted a five-judge Constitution Bench under Chief Justice Dipak Misra”>Dipak Misra to refer the 2006 order to a larger Bench for a re-examination.

The Bench however pronounced that the judgment in Nagaraj is wrong to the extent that it directs collection of quantifiable data for providing reservations.

But the Court on Wednesday said no to setting up a seven-judge bench to review its 2006 judgement that laid down criteria for the SC/ST quota in promotions.

The apex court in its 2006 judgement had said: “…state will have to show in each case the existence of compelling reasons, namely backwardness, inadequacy of representation and overall administrative efficiency, before making provision for reservation in promotion.”

A five-judge Constitution Bench headed by Chief Justice Dipak Misra pronounced the Wednesday’s verdict. The bench comprising Justices Kurian Joseph, RF Nariman, SK Kaul and Indu Malhotra, had reserved its judgement last month after hearing various stakeholders on the matter, including the Centre.


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